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  1. #1
    Join Date
    Apr 2007
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    4

    Question Can Primary Custodian Emancipate 17-Year-Old Without Secondary Custodian Approval

    This is in Texas:
    My almost 17 year old son has been told that when he turns 17 that his father, primary custodian, will have him emancipated and kicked out of the house. Can a child be emancipated if both parents (divorced, different residences) don't agree?

    I've read that if the child wishes for emancipation they have to prove they are financially able to take care of themselves... does the same apply if the parent wants them out?

    If so, how is the child protected from being kicked out?

    As his mother, I will take him in, but I suspect the emancipation issue is to make sure the father is not responsible for child support.

    Another question: I have him this summer and would like to put him in a rehab. Our divorce decrees states that medical treatment must be agreed upon by both parents. His dad won't support putting our son in rehab, in part due to costs and in part because he would have to 'deal' with his own issues. If I put him in (which means me signing all the paperwork) will I be financially responsible because his father won't agree to any fees?

    His father is more interested in his new girlfriend, doesn't follow up on our son who isn't attending school so is failing, our son is perpetually grounded for this and other issues such as sneaking out at night and doing drugs. However, the grounding doesn't work because our son can sneak out, do what he wants during the day, etc.

    I have placed our son in rehab, therapy, etc. But all my efforts have been negated by his dad's enabling.

    Our son is a gentle soul and isn't combative, just very sneaky and enjoys the freedom's his dad's house offers. He has no job and it appears he'll be losing his driver's license due to state laws and failing grades.

    Of course, as in all stories, there is so much more background. I hope I've supplied enough for a reasonable response without over-sharing.

  2. #2
    panther10758 Guest

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    If the 17 year old is not self supporting he cannot be emancipated. Furthermore if the child does not wish to be emancipated its also a dead issue.

  3. #3
    panther10758 Guest

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Quoting Texas Emancipation Law
    --------------------------------------------------------------------------------

    Sec. 31.001. REQUIREMENTS.
    (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
    (1) a resident of this state;

    (2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and

    (3) self-supporting and managing the minor's own financial affairs.
    (b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.
    Sec. 31.002. REQUISITES OF PETITION; VERIFICATION.
    (a) The petition for removal of disabilities of minority must state:
    (1) the name, age, and place of residence of the petitioner;

    (2) the name and place of residence of each living parent;

    (3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;

    (4) the name and place of residence of the managing conservator, if any;

    (5) the reasons why removal would be in the best interest of the minor; and

    (6) the purposes for which removal is requested.
    (b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.
    Sec. 31.003. VENUE.

    The petitioner shall file the petition in the county in which the petitioner resides.
    Sec. 31.004. GUARDIAN AD LITEM.

    The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.
    Sec. 31.005. ORDER.

    The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.
    Sec. 31.006. EFFECT OF GENERAL REMOVAL.
    Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.
    Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.
    (a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.

    (b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.

  4. #4
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Panther - I sincerely appreciate your response. Yes, I read the code (boy, y'all are forced to post it often ) I just wasn't sure about the primary/secondary custodialship, not to mention how, should his father kick him out, what to do? CPS in our state is very taxed and doesn't respond well to needs of teenagers.

    Also, this question:

    Another question: I have him this summer and would like to put him in a rehab. Our divorce decrees states that medical treatment must be agreed upon by both parents. His dad won't support putting our son in rehab, in part due to costs and in part because he would have to 'deal' with his own issues. If I put him in (which means me signing all the paperwork) will I be financially responsible because his father won't agree to any fees?

    Thank you in advance for any further answers.

  5. #5
    panther10758 Guest

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Perhaps its time to petition court for some modifications!

  6. #6
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Quote Quoting panther10758
    View Post
    Perhaps its time to petition court for some modifications!
    Tricky one there... because of his age and the time it would take to achieve a court hearing, I could be fighting a battle for naught.

    I have consulted with several attorneys and the general consensus is that by the time we go through the courts he will be closer to 18, at which time I won't have legal rights.

    I had really hoped for more than "pat" answers.

  7. #7
    panther10758 Guest

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Sorry but its usually not that simple. However if Dad throws him out why can you not take him in? I might add that some Family courts will have quickie hearings on many issues. If Dad throws him out with no means to care for himslef tell your child to call you. You can go pick him up then tell CPS what Dad has done I doubt anyone is going to fight you since you are giving your child a place to stay since Dad threw him on the streets! If Dad wants to fight this in court let him go through the time consuming process and deal with CPS!

  8. #8
    Join Date
    Apr 2007
    Posts
    4

    Default Re: Can Primary Custodian Emancipate 17 y/o w/Secondary Custodian Approval?

    Quote Quoting panther10758
    View Post
    Sorry but its usually not that simple. However if Dad throws him out why can you not take him in? I might add that some Family courts will have quickie hearings on many issues. If Dad throws him out with no means to care for himslef tell your child to call you. You can go pick him up then tell CPS what Dad has done I doubt anyone is going to fight you since you are giving your child a place to stay since Dad threw him on the streets! If Dad wants to fight this in court let him go through the time consuming process and deal with CPS!

    Please read my posts more deeply. I answered your questions prior to you asking them.

    Thank you.

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