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High School Senior Wants to Emancipate

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  • 07-01-2014, 02:07 PM
    kirstink17
    High School Senior Wants to Emancipate
    My question involves juvenile law in the State of: Texas. I am 17 years old and live Texas, I am currently a senior and have a good paying job 10$ and hour and i work 8 hours 5 days a week. I want to apply for emancipation or at least know my rights until i am 18 . 6 more months to go. I have a permanent spot to live with my sister until i move with my mom to Florida. Right now I am being threatened by my dad saying he'll "drag me" if i get in contact with my mom or sisters. Also i have recordings of him being negative towards me and saying this. My mom says to stay where Im at because im not grown i dont know what to do. what are my rights? can leave without telling my dad?
  • 07-01-2014, 02:59 PM
    adjusterjack
    Re: Emanicpation
    Here's the Texas emancipation statute. It explains the process.

    http://minors.uslegal.com/emancipati...-of-minor-law/

    Note that 31.002 (b) requires that "a parent of the petitioner must verify the petition."

    That alone might prevent you from succeeding.

    Emancipation is a complex and time consuming process. Even if you were successful at getting court approval (iffy) it would probably take quite a number of months until you get through the court system.

    At this stage you should probably just suck it up until you are 18 and then you can go where you please.
  • 07-01-2014, 03:07 PM
    kirstink17
    Re: Emanicpation
    Well am I allowed to go to my sisters? They know where I will be at. they meaning my dad and grandmother, its just until i turn 18 or graduate from high school. Do i have to tell them anything because me being 17 and in the gray area age wise
  • 07-01-2014, 03:35 PM
    Disagreeable
    Re: Emanicpation
    Texas has special laws for 17 year old runaways. As long as the parent and local law enforcement are notified where you are, staying with your sister in TX should be legal as she is not in a position where she would be "taking advantage of you". You need to research the appropriate codes to make sure you both are legally covered.
  • 07-01-2014, 03:51 PM
    kirstink17
    Re: Emanicpation
    What do you mean taken advantage ? And I talked to CPS and The Harris county Sheriff department.
  • 07-01-2014, 04:31 PM
    Disagreeable
    Re: Emanicpation
    If it were for a boyfriend who would be getting sex, thing like that. I'm sorry I am not up to researching and providing the exact code today. Suffice it to say within the parameters of TX law you can move in with your sister at 17 usually. Just make sure to comply with runaway and harboring statutes.

    Quote:

    Quoting kirstink17
    View Post
    What do you mean taken advantage ? And I talked to CPS and The Harris county Sheriff department.

  • 07-01-2014, 05:06 PM
    Mr. Knowitall
    Re: Emanicpation
    Conspiring with your sister to run away from home, antagonizing both of your parents in the process, does not sound like much of a plan.
  • 07-01-2014, 05:21 PM
    kirstink17
    Re: Emanicpation
    My mother knows what's going on. I will be moving with her in a few months.
  • 07-01-2014, 05:37 PM
    Dogmatique
    Re: Emanicpation
    Given that Dad appears to be the custodial parent, Mom's knowledge isn't going matter.
  • 07-01-2014, 05:54 PM
    adjusterjack
    Re: Emanicpation
    Quote:

    Quoting kirstink17
    View Post
    My mother knows what's going on. I will be moving with her in a few months.

    Appears that your father has legal custody of you and has control over where you live as long as you are under 18.

    If he objects to your moving out, he may be able to have you hauled back by the police.

    If he objects hard enough he may be able to get your sister charged with custodial interference.

    He's already told you that he'll "drag you" back if you try to leave.

    As for you moving to FL with your mother, is your mother going to court to get awarded custody of you? If not, then she has no right to take you out of state.

    Seems to me like you risk unleashing a firestorm if you try to leave before you're 18. As unpleasant as you think it is now, that could make things so much worse.

    Again, I suggest you just suck it up until you are 18, then leave.
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