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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32775
Experience:  16 yrs. of experience including family law.
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What rights does a 17 year old have for living on their ow

Resolved Question:

What rights does a 17 year old have for living on their own?
Submitted: 7 years ago.
Category: Family Law
Expert:  P. Simmons replied 7 years ago.
Can you tell me what state this is in?

Are you the 17 y/o in question?
Customer: replied 7 years ago.
TX; no I'm the only legal parent and have been; 17 yr. old refuses to home. Am I still responsiable for her actions, do I force her to come home w/ the help of law enforcement? Not sure since she's 17
Expert:  P. Simmons replied 7 years ago.
THanks for that

The age of majority in TX is 18. It is possible in TX for a 17 year old to be charged as an adult, but it is not possible for the 17 year old to "be" an adult unless they are emancipated.

Here is the law in TX for emancipation

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.


(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.


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.


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.

BotXXXXX XXXXXne; the minor is a minor, and unless they are emancipated, as the parent you remain responsible for the child's actions.

You can report to law enforcement or you can encourage her to emancipate, since it seems she may qualify

P. Simmons and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
So since I am her parent; do I contact law enforcement to get her/pick her up since she's still my responsiability even thought of course she is make some wrong chocies?
Expert:  P. Simmons replied 7 years ago.
You can contact law enforcement if you like, and request that they return her home.

Now, they may decline to get involved if she is not committing any other crimes (that will depend on the policies of that particular department). But certainly you can take steps to try and get her back under control.
P. Simmons and 4 other Family Law Specialists are ready to help you

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