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  1. #1
    Join Date
    Aug 2006
    Posts
    7

    Default Can My Girlfriend Move Out?

    My girlfriend will be 16 soon && I just turned 18, we live in texas && we have been together for a long time...She lives with her mom && step dad...Her parents do not like me && she does not get along with them either...They don't physically abuse her, but there is some verbal abuse && none of them are happy together, so it creates a bad enviroment to live in...Her stepdad && her fight all the time && he is always bringing her down by calling her names or telling her how she could have done something better && her mom does nothing about it because she is scared that if she does try to tell him something or let us see eachother her stepdad will divorce her...They fight often && she can't take living thier any longer than she has to...We plan on getting engaged soon && we want to get married this summer...My questions are what all can she do to move out, She can't just pack up && leave because we think they will call the cops to come get her, can they do that? I've also heard of petitioning the court for a marriage license...Does a 16 year old have to have parenal consent for that? We used to think emancipation might be the answer but she doesn't meet the requirement of living seperate from her parents, I don't see how this works when they wont let her move out in the first place...

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Can My Girlfriend Move Out?

    Quote Quoting Mustang
    View Post
    My girlfriend will be 16 soon && I just turned 18, we live in texas && we have been together for a long time...She lives with her mom && step dad...Her parents do not like me && she does not get along with them either...They don't physically abuse her, but there is some verbal abuse && none of them are happy together, so it creates a bad enviroment to live in...Her stepdad && her fight all the time && he is always bringing her down by calling her names or telling her how she could have done something better && her mom does nothing about it because she is scared that if she does try to tell him something or let us see eachother her stepdad will divorce her...They fight often && she can't take living thier any longer than she has to...We plan on getting engaged soon && we want to get married this summer...My questions are what all can she do to move out, She can't just pack up && leave because we think they will call the cops to come get her, can they do that? ***Yes.

    I've also heard of petitioning the court for a marriage license...Does a 16 year old have to have parenal consent for that?

    We used to think emancipation might be the answer but she doesn't meet the requirement of living seperate from her parents, I don't see how this works when they wont let her move out in the first place...
    They won't let her move out because she is their minor daughter.

    So until you turns 18, she needs to listen to them.

    Texas statutes state:

    § 2.103. COURT ORDER FOR UNDERAGE APPLICANT. (a) A minor may petition the court in the minor's own name for an order granting permission to marry. In a suit under this section, the trial judge may advance the suit if the best interest of the applicant would be served by an early hearing.

    (b) The petition must be filed in the county where a parent resides if a managing conservator or a guardian of the person has not been appointed. If a managing conservator or a guardian of the person has been appointed, the petition must be filed in the county where the managing conservator or the guardian of the person resides. If no person authorized to consent to marriage for the minor resides in this state, the petition must be filed in the county where the minor lives.

    (c) The petition must include:

    (1) a statement of the reasons the minor desires to marry;
    (2) a statement of whether each parent is living or is dead;
    (3) the name and residence address of each living parent; and
    (4) a statement of whether a managing conservator or a guardian of the person has been appointed for the minor.

    (d) Process shall be served as in other civil cases on each living parent of the minor or, if a managing conservator or a guardian of the person has been appointed, on the managing conservator or guardian of the person. Citation may be given by publication as in other civil cases, except that notice shall be published one time only.

    (e) The court shall appoint an amicus attorney or an attorney ad litem to represent the minor in the proceeding. The court shall specify a fee to be paid by the minor for the services of the amicus attorney or attorney ad litem. The fee shall be collected in the same manner as other costs of the proceeding.

    (f) If after a hearing the court, sitting without a jury, believes marriage to be in the best interest of the minor, the court, by order, shall grant the minor permission to marry.

    Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997. Amended by Acts 2005, 79th Leg., ch. 172, § 12, eff. Sept. 1, 2005.

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