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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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My daughter is 17 and lives in Ft Worth... She is under the

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My daughter is 17 and lives in Ft Worth... She is under the impression that she can just up and move out of the house. Can she do that legally, or does she have to file for emancipation?
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Is your daughter still in high school?

Where does she intend to live if she "just ups and moves out?"

Thanks
Customer: replied 4 years ago.


Yes, she is still in High School


She plans on living with a friend and her Dad

Hi Todd,

A minor can ask (petition) the court to eliminate the minor's disabilities of minority. The procedure and standards for accomplishing this are set out in Chapter 31 of the Texas Family Code. This applies to minors who:

  1. Reside in Texas;
  2. Are at least 17 years old, or as young as 16 if the minor is living apart from the minor's parents, conservators, or guardians; and
  3. Are self-supporting and managing their own financial affairs.
When the minor petitions the court, he or she may do so under his or her own name. In other words, the parents/guardians/conservators of the minor do not have to initiate the lawsuit. However, the petition must be verified by a certain adult.

"Verification" means that someone has to sign a statement at the end of the petition wherein they swear or affirm that the facts given in the petition are within their personal knowledge and are true. The verification must be signed by a parent, conservator, or guardian of the child. If none of those folks can be found, then the amicus attorney (appointed by the court to represent the child) must investigate and verify the alleged facts.

The Court will appoint an amicus attorney to represent the minor at the hearing on this petition.

Also, children under the age of 18 MUST attend school, even if they are legally emancipated.

In reality, the 17 year old child will become able to leave home at age 18. If the child is going to be 18 in just a few months anyway, the time to draft a legal petition, the paying a filing fee, getting an amicus attorney appointed, attending a final hearing, drafting an order, and getting it signed may be costly and may not even occur until the child is 18. If your daughter is self supporting and can manage her own financial affairs, she should know that it will take more time and effort to become emancipated than it will to wait the few months until she turns 18.

If you have physical custody of your daughter, then your ex would have to file a Petition for Change of Custody and state the reasons why your daughter should live with him. While the court will usually listen to a 17 yr. old child's preference as to where she wants to live, again, the cost of hiring an attorney, filing a Petition for Change of Custody and having a hearing may be more expensive than it's worth. When your daughter is 18, she can legally move out without your permission. My guess is that she will learn, very quickly, how much responsibility is involved in "making it on her own."

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 4 years ago.


If she leaves home, can I report her as a runaway in the state of texas?

Hi,

I am looking at a couple of Attorney General Opinions.

I'll be back with an answer asap.

Thanks for your patience.
Hi Todd,

The answer to your question is "no." Below is a Texas Attorney General Opinion that is on point:

http://texashistory.unt.edu/ark:/67531/metapth275021/m1/1/


Moreover, a child, including an unemancipated seventeen-year-old, who voluntarily leaves her legal custodian without the custodian's consent and without intent to return, is not a "missing child" under Code of Criminal Procedure chapter 63 if the custodian knows where the child is located.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd and 9 other Legal Specialists are ready to help you

Hi Todd,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd