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  1. #1
    Join Date
    Aug 2013
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    1

    Default Can a Parent Declare a Child to be Emancipated

    My question involves guardianship in the State of: texas
    hello I have a question my son is 17 and thinks he can do as he pleases. he stays gone all the time and I reported him as a runaway but the police will not do nothing because here is 17. the police even told him he can go and stay where ever he wanted and I as a parent cannot stop him . but I would be responsible for his actions. what a piece of crap laws are today so now today was the first day of school for him and he chose not to go school and so again I call the police and again they wont do nothing but offered me to get emancipated from my son so now tell me how and where to get emancipated from my son

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can a Parent Declare a Child to be Emancipated

    In no state in the Union can you legally wash your hands of your minor child.

    On the day he turns 18, you can boot him out and change the locks, but until such time, you're responsible for him.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Parent Declare a Child to be Emancipated

    Quote Quoting LawResearcherMissy
    View Post
    In no state in the Union can you legally wash your hands of your minor child.
    .
    well, sort of . Some states allow for actual emancipation or at least a pseudo emancipation of incorrigible children of a certain age.
    http://www.scag.gov/wp-content/uploa...leave-home.pdf

    It also matters what "legally wash your hands" is referring to. In many states, a 17 yo is considered an adult when it comes to criminal issues and as such, a parent can metaphorically wash their hands of the child in such concerns.

    In MI, one can wash their hands but there is no soap allowed when a child turns 17. The juvenile laws do not apply to a 17 yo so if they leave home, there is nothing that can or will be done. Due to that, any obligations on a parent are very limited should the child leave at 17.


    so again I call the police and again they wont do nothing but offered me to get emancipated from my son so now tell me how and where to get emancipated from my son
    You don't get emancipated or emancipated from your son. You would seek to have your son emancipated but given the details, not going to happen. Your liabilities for your child are limited though. Much of what he does, he will be held personally and individually accountable for. It is when you allow, or fail to attempt to prevent him from acting in an improper manner that you are considered to be liable for a minor child. From what I see, your biggest problem is that your child is required to attend school until they turn 18. I would be making a lot of contact with the school administration to seek guidance as to how to possible force your child to attend and what you have to do so as to not be held liable if he should still refuse to attend.

    If the child resides at home at all, the only limitation to punishment would be extreme physical punishment or withholding of life essentials. You do not have to provide any money, means of transportation, doors on the bedroom, internet or phone privileges, or equipment to utilize such services.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Can a Parent Declare a Child to be Emancipated

    You could talk to your sons school and physically drive him to and from, and escort him in and out. Humiliating? Yes. But atleast he would be at school. And the school would also know to contact you if he is absent from a class.

    You can also purchase window and door alarms from Home Depot that will alert you if he tries to sneak out.

    Again, you can remove a computer and cell phone from his possession, unless he purchased it himself.

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