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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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Can a parent kick a 16 year old out of the house without being

Resolved Question:

Can a parent kick a 16 year old out of the house without being emancipated in Texas? Can you name the law specifically?
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.
Thanks for your question. No they can't. If the parent has legal custody/managing conservatorship in Texas they are liable for the case of the child until age 18.

You should report this to TDPRS--child welfare. The parent is liable here for care of child, any damage the child causes here, and for keeping enrolled in school, and other duties for parent.
Expert:  Ray replied 5 years ago.
Legal reference..

"TOPICS REGARDING CONSERVATORSHIP:

Appointment of Sole or Joint Managing Conservator                        

Appointment of Possessory Conservator

Agreement Concerning Conservatorship

Child's Choice of Managing Conservator

Rights and Duties During Period of Possession

Rights and Duties of Parent Appointed Sole Managing Conservator

Court-Ordered Joint Conservatorship

Equal Possession Not Required

Rights and Duties of Parent Appointed Possessory Conservator

For more current information regarding conservatorship: http://www.capitol.state.tx.us/statutes/fa/fa015300.html#fa005.153.005

Family Code § 153.005. Appointment of Sole or Joint Managing Conservator:

     (a) In a suit, the court may appoint a sole managing conservator or may appoint joint managing conservators. If the parents are or will be separated, the court shall appoint at least one managing conservator.

     (b) A managing conservator must be a parent, a competent adult, an authorized agency, or a licensed child-placing agency.

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Family Code § 153.006. Appointment of Possessory Conservator:

     (a) If a managing conservator is appointed, the court may appoint one or more possessory conservators.

     (b) The court shall specify the rights and duties of a person appointed possessory conservator.

     (c) The court shall specify and expressly state in the order the times and conditions for possession of or access to the child, unless a party shows good cause why specific orders would not be in the best interest of the child.

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Family Code § 153.007. Agreement Concerning Conservatorship:

     (a) To promote the amicable settlement of disputes between the parties to a suit, the parties may enter into a written agreement containing provisions for conservatorship and possession of the child and for modification of the agreement, including variations from the standard possession order.

     (b) If the court finds that the agreement is in the child's best interest, the court shall render an order in accordance with the agreement.

     (c) Terms of the agreement contained in the order or incorporated by reference regarding conservatorship or support of or access to a child in an order may be enforced by all remedies available for enforcement of a judgment, including contempt, but are not enforceable as a contract.

     (d) If the court finds the agreement is not in the child's best interest, the court may request the parties to submit a revised agreement or the court may render an order for the conservatorship and possession of the child.

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Family Code § 153.008. Child's Choice of Managing Conservator:

     If the child is 10 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court.

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Family Code § 153.074. Rights and Duties During Period of Possession:

     Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child:

     (1) the duty of care, control, protection, and reasonable discipline of the child;

     (2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

     (3) the right to consent for the child to medical and dental care not involving an invasive procedure;

     (4) the right to consent for the child to medical, dental, and surgical treatment during an emergency involving immediate danger to the health and safety of the child; and

     (5) the right to direct the moral and religious training of the child.

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Family Code § 153.132. Rights and Duties of Parent Appointed Sole Managing Conservator:

     Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights:

     (1) the right to establish the primary residence of the child;

     (2) the right to consent to medical, dental, and surgical treatment involving invasive procedures, and to consent to psychiatric and psychological treatment;

     (3) the right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;

     (4) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;

     (5) the right to consent to marriage and to enlistment in the armed forces of the United States;

     (6) the right to make decisions concerning the child's education;

     (7) the right to the services and earnings of the child; and

     (8) except when a guardian of the child's estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government"
Expert:  Ray replied 5 years ago.
Rights of Parent Appointed Conservator.
Unless limited by court order, a parent appointed as a sole or co-conservator of a child has at all times the right:

(1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

(2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

(3) of access to medical, dental, psychological, and educational records of the child;

(4) to consult with a physician, dentist, or psychologist of the child;

(5) to consult with school officials concerning the child’s welfare and educational status, including school activities;

(6) to attend school activities;

(7) to be designated on the child ’s records as a person to be notified in case of an emergency;

(8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

(9) to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

Unless limited by court order, a parent appointed as a conservator of a child has the following rights and duties during the period that the parent has possession of the child:

(1) the duty of care, control, protection, and reasonable discipline of the child;

(2) the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;

(3) the right to consent for the child to medical and dental care not involving an invasive procedure; and

(4) the right to direct the moral and religious training of the child.

-From Section 153.073 and 153.074 of the Texas Family Code.


Ray, Lawyer
Category: Legal
Satisfied Customers: 30329
Experience: 29 years in civil, probate, real estate, elder law
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