Minor Gets Emancipated Without Meeting Requirements

My question involves juvenile law in the State of: Texas

A few months ago I had written a post regarding whether I'd be a candidate call itemancipation here in Texas. All the users that replied to my post said no. I decided not to file based on your guys responses because if my change nothing then why even spend the money? Reason for me to get emancipated was to be able to sign contracts and be able to continue my businesses and investments.

Recently, my friend's boyfriend got emancipated without meeting the requirements. He said the same bullshit that most of the emancipation posts put here, ex. Issues with parents. He has never had a job or a bank account, meaning that he can't support himself financially and wasn't living on his own. How was he even allowed to become emancipated without doing so?

I don't understand. If I have enough money in my bank account to purchase a new house and he has never carried more than $20 that his parent's probably gave him, then why can't I become emancipated?

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Recently, my friend's boyfriend got emancipated without meeting the requirements.

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Ask him to see the court order declaring him emancipated.

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How was he even allowed to become emancipated without doing so?

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He wasn't.

I know dozens of people here in Ohio who claim to have been emancipated. Except, here in Ohio, we don't even allow for the emancipation of minors unless they get married or join the Armed Forces - both of which require consent of both parents.

It's not unusual for teenagers to claim to have been emancipated. The correct response to such a claim is "Really? I've been thinking about that myself. Can I see the court order?"

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Quoting LawResearcherMissy

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Ask him to see the court order declaring him emancipated.



He wasn't.

I know dozens of people here in Ohio who claim to have been emancipated. Except, here in Ohio, we don't even allow for the emancipation of minors unless they get married or join the Armed Forces - both of which require consent of both parents.

It's not unusual for teenagers to claim to have been emancipated. The correct response to such a claim is "Really? I've been thinking about that myself. Can I see the court order?"

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I don't doubt that he isn't, he girlfriend told he was and that "the judge was cool." He lives with his girlfriend and her family, not to mention she's younger than her. And also, they think that 17 is the age of majority in Texas.. I'm assuming they mean the "loophole" of the Texas Penal Code that says a child is anyone between the age of 10 and under 17.. to be quite frank, doesn't seem like a loophole to me because it doesn't change the fact that an officer can still take you into custody. Regardless, I had asked how long it took and whatnot and she said she doesn't know. In my head, how can this child become emancipated and not even have any purpose for it to begin with.. kinda sad that her parent's paid a lawyer for this little kids process.. but oh well..

There is a loophole in Texas that permits a child to runaway at 17 as long as they notify their parent(s) or local police. It does not necessarily preclude prosecution of an adult who harbors them though.

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Quoting Disagreeable

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There is a loophole in Texas that permits a child to runaway at 17 as long as they notify their parent(s) or local police. It does not necessarily preclude prosecution of an adult who harbors them though.

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It can go both ways, regardless, it offers protection to family members that harbor the runaway who are second consanguinity. I've had friends who have "ran away" and still got returned to their parents anyways. It necessarily isn't a loophole because what happens if I runaway and I get returned to my parents even though they knew where I was and I had explained to the officer this "loophole?" It won't matter whether the police officer has the authority to return me home, or whether he/she wasn't suppose to, I ended back at where I didn't want to be to begin with. :P Heh, if the "loophole" was a for sure thing, I think all the 17 year old's in Texas that are on this forum that have also created a thread saying that they wanted to become emancipated because they wanted to leave their home, would have done so already.

I have provided the Texas Atty General's explanation for you to provide the officer as to why it is illegal to detain and return a 17 yr old. I also provided the harboring statute in the second link.



An unemancipated (2) seventeen-year-old is not a "child" within the Juvenile Justice Code.
https://www.oag.state.tx.us/opinions...htm/ga0125.htm

Sec. 25.06. HARBORING RUNAWAY CHILD.
http://www.statutes.legis.state.tx.u.../htm/PE.25.htm

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Quoting Disagreeable

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I have provided the Texas Atty General's explanation for you to provide the officer as to why it is illegal to detain and return a 17 yr old. I also provided the harboring statute in the second link.

An unemancipated (2) seventeen-year-old is not a "child" within the Juvenile Justice Code.
https://www.oag.state.tx.us/opinions...htm/ga0125.htm

Sec. 25.06. HARBORING RUNAWAY CHILD.
http://www.statutes.legis.state.tx.u.../htm/PE.25.htm

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"(b) It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code."

Take a look at these:
http://www.statutes.legis.state.tx.u...73.htm#573.023
http://www.statutes.legis.state.tx.u...73.htm#573.024

And I will go ahead link you to another Texas Atty General's opinion as well that says that a 17 year old can be detained and returned back back to his/her's home:
https://www.oag.state.tx.us/opinions...pdf/jc0229.pdf

Following that in 2003 the following reconciliation letter was sent affirming the 17 yr old child was not missing if the parent was advised where they would be:

http://www.juvenilelaw.org/CaseSumma...03/04-1-01.HTM

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Quoting Disagreeable

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Following that in 2003 the following reconciliation letter was sent affirming the 17 yr old child was not missing if the parent was advised where they would be:

http://www.juvenilelaw.org/CaseSumma...03/04-1-01.HTM

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Alright, I agree with you now, however, let's say the police officer does take the 17 yr old back, legal or not, the 17 yr old is back where he/she didn't want to be to begin with.

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Alright, I agree with you now, however, let's say the police officer does take the 17 yr old back, legal or not, the 17 yr old is back where he/she didn't want to be to begin with.

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So? You can't always get what you want. No matter your age!

If you think we're going to advise you to run away, you're not half as ready to be on your own as you would like us to believe.