What Must I Do In Order Not to Go Back to My Parents
My question involves juvenile law in the State of: Texas. I have not been living with my parents for 8 months now and I was wondering if I have to get emancipated to stay on my own or can I keep to myself. I am 17 and have my high school diploma and several vocational certifications. I am about to graduate from my school and have several job offers already. I technically earn an income and pay taxes but I do not live on my own but I can. I have heard many times that once a minor in Texas is 17 years old and has finished high school they may move out of their parent's home without being reported as a runaway. Is that true? I have a job, apartment and bus route picked out but I need to be sure what my plan is before I start. If I need to be emancipated I will but, I'm wondering if I would be wasting time and money by doing that.
Re: What Must I Do Inorder Not to Go Back to My Parents
Emancipation is not a method to free yourself of parental tyranny. It's official recognition of an ALREADY INDEPENDENT teen that needs relief from the inability to enter into certain essential contracts like leases.
Here's your information:
Sec. 31.001. REQUIREMENTS.
(a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
(1) a resident of this state;
(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and
(3) self-supporting and managing the minor's own financial affairs.
(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.
Sec. 31.002. REQUISITES OF PETITION; VERIFICATION.
(a) The petition for removal of disabilities of minority must state:
(1) the name, age, and place of residence of the petitioner;
(2) the name and place of residence of each living parent;
(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;
(4) the name and place of residence of the managing conservator, if any;
(5) the reasons why removal would be in the best interest of the minor; and
(6) the purposes for which removal is requested.
(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.
Sec. 31.003. VENUE.
The petitioner shall file the petition in the county in which the petitioner resides.
Sec. 31.004. GUARDIAN AD LITEM.
The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.
Sec. 31.005. ORDER.
The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.
Sec. 31.006. EFFECT OF GENERAL REMOVAL.
Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.
Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.
(a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.
(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.
My read of your situation is that you have not met item #3 yet. You will continue to be considered a runaway until you turn 18 or you meet the requirements for and get a court to emancipate you.
Re: What Must I Do In Order Not to Go Back to My Parents
Quote:
I have not been living with my parents for 8 months now and I was wondering if I have to get emancipated to stay on my own or can I keep to myself.
Well, that depends. What do your parents say about you living on your own? If they're OK with it, you don't need to be emancipated to maintain the status quo.
Quote:
I have heard many times that once a minor in Texas is 17 years old and has finished high school they may move out of their parent's home without being reported as a runaway. Is that true?
It is not. Your local LEOs might not drag you back home, or they may do so gleefully. Until you reach the age of 18, you live where your parents tell you to live.
For information about Texas emancipation, read EVERYTHING here. You need to have a proven track record of taking care of yourself 100%, with no help from anyone.