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I’m curious on how i would be able to move in with my fiancé

Customer Question
I’m curious on how...

I’m curious on how i would be able to move in with my fiancé at 17 . i turn 18 in 5 months and have a 8 month old daughter . his family said it was okay for me to live there and they have the essentials for her . he also said he is able to provide income for us . is there any way i can do that in Texas?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in TX family court?

I haven’t been able to take any due to the fact my family would cut all ties of communication off with him . we haven’t filed any papers and we aren’t sure what steps to take .

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Not yet , we were talking about an attorney but we don’t know who would represent us

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We’re trying to do this without my family knowing , his family knows what’s going on

Submitted: 5 months ago.Category: Family Law
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3/23/2018
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,343
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

Good afternoon,

Unfortunately, there would be no way to do this without your family knowing. That's because under the law, you are still considered a minor (even though you have a child) and therefore, your parents or guardians have a legal obligations to support you. The exception would be if your were to become emancipated from your parents/guardians. In Texas, there are three ways to do that before turning 18:

1) By getting married

2) By entering the military
3) Or by legal action (petitioning the court to be emancipated)

If you don't want your parents to know, getting married isn't possible, since consent would be required. And I'm going to assume you don't have plans to join the military. So, that would leave the only option of you filing a petition with the courts to become emancipated.

Under the Texas Family Code Section 31.005:

  1. if a child resident of Texas is 17 (or 16 and living apart from his parents) and self-supporting and managing his own finances, he may file suit to “remove the disabilities of minority.”
  2. The court may order the child emancipated if emancipation is in the child’s best interest.

It is essential to be able to show that the child is able to support themselves financially in addition to being able to handle the hardships and difficulties associated with living on your own at such a young age.

In other words, you cannot have someone else providing you support- you'd have to be able to show that you have a job/income that allows you to live on your own and manage your own bills and not be a burden to the state.

Ideally, given that you're so close to turning 18 --I would just wait. Once you are 18, you are legally an adult, and you can move in with him at that point.

Please let me know if I may clarify anything or provide you with additional information.

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Customer reply replied 5 months ago
since we do plan on getting married , how do i get consent from my parents?
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

Thank you for your patience. I was looking up the information and it appears that the law changed last year. Now, if you are under 18, Texas requires that you petition the court to get a judge's permission to get married. So, you would have to file a suit to request permission from the court to marry and your reasons why you want to get married, and then your parents would have to be given notice, etc.

And a judge could still deny the request after that.

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Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

Apparently the new law was signed because Texas has a very high number of minors who got married, and they are trying to curtail that number significantly by forcing people to petition the court for legal consent.

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Customer reply replied 5 months ago
are there any reasons why the judge would deny the privilege for us to get married?
Family Lawyer: RobertJDFL, Lawyer replied 5 months ago

I need to amend my earlier statement, because I read the new law wrong. Effective as of last September 1st, you can only legally marry under 18 if you have been emancipated.

Thus, marriage is no longer a legal option for you. The only way for you to emancipate would be to join the military or to petition the court for permission and prove that you are self-supporting.

As I said, I think the best option at this point is to just wait until you are 18 and considered a legal adult, then you can marry and do what you want without your parents having a legal say.

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