Emancipation at 16 in Texas
My question involves juvenile law in the State of: Texas. My friend from Ohio is the maternal grandparent of a 16 year old boy living with his
physically and emotionally abusive father in Texas. His mother has passed away. He has reported his father to teachers at his school who
have basically advised him to "wait it out." His father is a heavy drinker who wakes him up in the middle of the night to verbally and sometimes
physically beat him for "offenses" which he dreams up as he becomes more intoxicated. He wants to leave to live with his grandparents in Ohio,
but is terrified to talk to his father about this. He is grown to the point physically that the last time his father tried to abuse him, he defended
himself. When his father realized his son can now physically effectively defend himself, he told him "he has guns and will shoot his son if he has to."
What can this child do to protect himself from his father? Is emancipation an option if he can make it himself to his grandparents in Ohio and then legally
file for emancipation in the state of Texas? Time is of the essence as my friend truly believes her grandson is in danger.
Re: Emancipation at 16 in Texas
Nobody emancipates children who are abused. Further what you're talking isn't emancipation, anyhow. Emancipation isn't a procedure to escape parental enslavement. It's recognition of that an independently living child needs relief from certain disabilities (primarily the ability to enter into contracts) that they need. If the child is being abused the child or cognizant adults should report it to authorities, if the grandparents wish to propose that they will take custody of the child, it will have to come out of that.
What you're proposing is called "interference of custody with a minor" and that's a crime in Ohio.
Re: Emancipation at 16 in Texas
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Quoting
flyingron
Nobody emancipates children who are abused.
What I think you mean to say is that abuse is not of itself a basis for the emancipation of a minor. Speaking generally, the focus for emancipation is the minor's maturity and ability to manage his own personal, social, educational and financial affairs. Abuse might be considered within the context of the court's determination of whether emancipation is in a minor's best interest, but if the minor doesn't qualify for emancipation then abuse is a basis for protective services involvement and not for emancipation.
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Quoting flyingron
Further what you're talking isn't emancipation, anyhow.
Right. This is a discussion of an allegedly abusive household, for which the proper response is to involve protective services, or for the grandparents to ask dad if their grandchild can come live with them. Trying to win a third party custody case from half-way across the country would be no small task.
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Quoting flyingron
What you're proposing is called "interference of custody with a minor" and that's a crime in Ohio.
You mean, encouraging the child to run away? That would not be a good idea.
Re: Emancipation at 16 in Texas
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Quoting
Mr. Knowitall
What I think you mean to say is that abuse is not of itself a basis for the emancipation of a minor.
Exactly...a more precise way of saying it is we don't "emancipate because they are abused."
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You mean, encouraging the child to run away? That would not be a good idea.
Yes, and keeping him from his custodial parent once he gets there.