Can Parents Emancipate a Child to Avoid Being Responsible for Her Conduct
My question involves juvenile law in the State of: Texas Is it possible for a parent to petition a court to emancipate her 16 year old daughter whereas she would no longer be responsible for her or her actions any longer? My sister in-law has decided to kick out her 15 year old daughter and her 18 year old boyfriend (who the mother allowed to co-habitate) and either file for emancipation or report her as a runaway and have her picked up at my house. I'm at a loss here. I don't know how to help! Any advice?
Re: Parent Trying to Emancipate 16 Year Old
Quote:
Quoting
Janice Cooper Holbert
My question involves juvenile law in the State of: Texas Is it possible for a parent to petition a court to emancipate her 16 year old daughter whereas she would no longer be responsible for her or her actions any longer? My sister in-law has decided to kick out her 15 year old daughter and her 18 year old boyfriend (who the mother allowed to co-habitate) and either file for emancipation or report her as a runaway and have her picked up at my house. I'm at a loss here. I don't know how to help! Any advice?
Do you know why she kicked them out?...what they were doing that caused her to kick them out?
Re: Parent Trying to Emancipate 16 Year Old
I'm going to split a hair, here.
Yes, it is POSSIBLE for a parent to petition a court to emancipate her teenage daughter so that she is no longer responsible. It is possible because there is no law that prohibits the parent from doing so.
However, make no mistake, there is not the slightest ghost of a chance that the petition will be approved. It will be denied so fast that your sister-in-law's shoes will be smoking on her way out the courtroom door, and she may well be missing a few feet of skin where the judge tears strips out of her for even suggesting such a thing.
So if you really want to help, you might want to put your efforts into persuading your sister in law not to do such a thing. If she wants to kick out the boyfriend, fine and dandy and what on EARTH was she thinking to allow it in the first place? But your sister in law has a better chance of being hit by lightning, sitting down next to Elvis on the bus, and winning the lottery all on the same day than she does in persuading a judge to emancipate her daughter under these circumstances.
Re: Parent Trying to Emancipate 16 Year Old
Quote:
Quoting
cbg
I'm going to split a hair, here.
Yes, it is POSSIBLE for a parent to petition a court to emancipate her teenage daughter so that she is no longer responsible. It is possible because there is no law that prohibits the parent from doing so.
However, make no mistake, there is not the slightest ghost of a chance that the petition will be approved. It will be denied so fast that your sister-in-law's shoes will be smoking on her way out the courtroom door, and she may well be missing a few feet of skin where the judge tears strips out of her for even suggesting such a thing.
So if you really want to help, you might want to put your efforts into persuading your sister in law not to do such a thing. If she wants to kick out the boyfriend, fine and dandy and what on EARTH was she thinking to allow it in the first place? But your sister in law has a better chance of being hit by lightning, sitting down next to Elvis on the bus, and winning the lottery all on the same day than she does in persuading a judge to emancipate her daughter under these circumstances.
Co-sign please!
Re: Parent Trying to Emancipate 16 Year Old
Quote:
Quoting
llworking
Do you know why she kicked them out?...what they were doing that caused her to kick them out?
I am told that she can't handle the fighting any more. The latest incident was the boyfriend finally going off (yelling, screaming and cursing) on the mom after being continuously told how horrible and worthless he is and the daughter not stopping him nor defending her. She states that he is violent which I can't corroborate because I haven't seen that side of him. He has never been anything but respectful toward me. I don't condone the relationship between he and my niece nor do I condone his behavior toward the sister in-law but I have to say, we all have our breaking points.
There also is an issue with the 15 year old drinking and using marijuana which the mother is also using against her now even though she has taken her to pick it up in the past :(
It is all just very sad.
Re: Parent Trying to Emancipate 16 Year Old
OP, I agree with what Dogmatique and cbg said but I have some concerns for you that the situation might backfire on you, as it appears that the child and her boyfriend have taken refuge with you. At least that is the impression I got when you stated the bit about mom sending the police to pick her up at your house.
If mom didn't really kick out her daughter, but just kicked out the boyfriend and her daughter went with him, and you are harboring them, then that may be a problem. If mom kicked them both out in an attempt to get rid of the boyfriend and mom hoped that her daughter would come back after realizing what life is like on the streets, without the boyfriend, but you took them in...again that may be a problem.
The above is why I am at least hoping that you know the exact details of what caused this rift, and not just from the teenager's side of the story.
Re: Parent Trying to Emancipate 16 Year Old
Thank you for the opinion! It is greatly appreciated.
I have talked to mom and niece. I have a voicemail from mom saying that if I want to allow the boyfriend to stay at my house that I should just go ahead and take her daughter too. It actually says, "Take her, I don't want her anymore".
Re: Parent Trying to Emancipate 16 Year Old
Quote:
Quoting
Janice Cooper Holbert
Thank you for the opinion! It is greatly appreciated.
I have talked to mom and niece. I have a voicemail from mom saying that if I want to allow the boyfriend to stay at my house that I should just go ahead and take her daughter too. It actually says, "Take her, I don't want her anymore".
That's heartbreaking.
This is an obviously troubled teen who has essentially just been dumped by her parent.
Would Mom (and where is Dad? - his input will be required, as a rule) consider you having guardianship or custody?
Ack - I just assumed that you'd be okay with that too and that might not be the case (and you are not at fault no matter what you decide). Sorry.