17 Year Old In Texas

[MadiKay18]

What is the name of your state (only U.S. law)? Texas

I just turned 17, and am graduated from high school. I have a bank account in my name, which my grandma signed off on for me. My father is putting money in my account, paying the child support to go directly to me. I have enough money to support myself for months on end, as I do not spend it all like my mother would. Me and her have not gotten along for over 5 years. I cook, clean, take care of 5 kids, while she smokes cigarettes and drinks all of the time. She neglects these kids.

My cousins have called CPS, but they couldn't get us out of the house. She also keeps threatening to burn our house down with us in it while we're asleep, and I cannot do anything without her yelling and fighting me. I wish to know if I could leave, as I am self sufficient, have a car, and money to support myself. My mother would never agree to emancipate me, as I've talked with her about it.

My grandmother has agreed to take me in for a few months while I find a place to live. Is there anything that my mother could do to keep me from leaving? As I've mentioned, I graduated a year early, taking my classes online and have gotten my senior year out of the way. I don't need the old, "Stay until you're 18!" stuff. I need solid, legal advice, based on fact, not people to tell me, "You're going to end up on the street!" or, "You should respect your mother!"

Very much appreciated.

 

[cbg]

So, if the correct legal answer is, you need parental permission to leave before you are 18, does that little tirade at the end mean that we are automatically "biased"?

Because it is.

In Texas, some law enforcement officers are reluctant to return home a 17 year old as long as he is in a safe situation. That does not mean that all of them are; nor that your mother cannot come herself to retrieve you. It means that you may - MAY - be able to leave to stay with your grandmother if your mother is not willing to push the issue. But the fact of the matter is, whether you like it or not, the legal age to leave home is 18 - or older - in ALL states, including Texas.

I do not make the law. If you feel inclined to shoot the messenger, there's nothing I can do to stop you. But I cannot make the law say that you are guaranteed to be able to leave at 17 and there's nothing your mother can do about it, either.

Because the law does not say that. Take it or leave it.

 

[MadiKay18]

No, you're not "biased". I've just heard that too many times before. So, even if I'm out of high school and have my diploma, I'm still her slave basically? This..woman, (I cannot call her my mom anymore), basically smokes pot all of the time, and neglects these kids. My grandmothers house is a hell of a lot safer than my place. It's crawling with roaches, the walls have wholes in them, and it's never clean. I can take care of the kids, but it's impossible to clean a disease infested house on my own. Could I get CPS involved myself, if I cant leave without her permission then?

 

[commentator]

Solid legal advice based on FACT, per your request = stay till you're 18. That you are out of school means you can work and save your money, or perhaps get grants and go off to college or training. But you are still underage. That's the fact.

Right now, you have a roof over your head, an apartment or home to live in, with paid utilities, available provisions. Yes, you can call CPS and report the conditions you are living in. If CPS won't get involved, there's a reason. They found no evidence of abuse. Whether you get along well with your pot smoking drinking mother or have five younger siblings you are obligated to care for, you still have a place to live. Legally that is about all that your mother has to provide for you. By the way, I'll bet Grandma doesn't want all six of you living with her. That means the other kids would all end up in foster care if abuse is proved. So could you. Grandmother could be forbidden to have contact with you. Then you'd have nowhere else to go and live with paid-for utilities and amenities.

Your mother (or most definitely the state) could sue your dad for the child support that he is supposed to pay TO HER, not give to you. That child support is not a stream of income for you, but for her. It could be gone in a snap. Is your car paid for? In your name? Car insurance in your name? If not, she could strike back that way. No car, no transportation, no job, no income from child support. There goes your self sufficiency in one easy swipe.
You don't really "wish to know if I can leave." You already know the answer. You want someone to come on here and tell you, yes, you're justified, you can do this legally. It won't happen.

 

[HomeGuru]

No, you're not "biased". I've just heard that too many times before. So, even if I'm out of high school and have my diploma, I'm still her slave basically? This..woman, (I cannot call her my mom anymore), basically smokes pot all of the time, and neglects these kids. My grandmothers house is a hell of a lot safer than my place. It's crawling with roaches, the walls have wholes in them, and it's never clean. I can take care of the kids, but it's impossible to clean a disease infested house on my own. Could I get CPS involved myself, if I cant leave without her permission then?

**A: the word is hole and not whole.

 

[MadiKay18]

Solid legal advice based on FACT, per your request = stay till you're 18. That you are out of school means you can work and save your money, or perhaps get grants and go off to college or training. But you are still underage. That's the fact.

Right now, you have a roof over your head, an apartment or home to live in, with paid utilities, available provisions. If CPS won't get involved, there's a reason. They found no evidence of abuse. Whether you get along well with your smoking drinking mother or have five younger siblings, you still have that. Legally that is all that your mother has to provide for you. Grandmother could be forbidden to have contact with you. Then you'd have nowhere else to go and live with paid-for utilities and amenities.

Your mother could sue your dad for the child support that he is supposed to pay TO HER, not give to you. That child support is not a stream of income for you, but for her. It could be gone in a snap. Is your car paid for? In your name? Car insurance in your name? If not, she could strike back that way. No, car, no transportation, no job, no income from child support. There goes your self sufficiency in one easy swipe.

You don't really "wish to know if I can leave." You already know the answer. You want someone to come on here and tell you, yes, you're justified, you can do this legally. It won't happen.

I've talked to a lawyer about the child support. I was even approved for the account, because of this person, so yes, it is fine. My father bought me the car, and yes, put it in my name, with my insure in MY NAME. So no, she can't get that away from me. Did you really not read all of what I said? She's threatening!, to burn our house down. This is the kind of woman that would put a one night stand over her own children. Isn't that considered a threat to the well fare of children? The reason CPS didn't get involved is because she made every child lie to their faces. I told the truth. Yes, they're still investigating as well, but until she raises a hand at me or the children, as she's done hundreds of times before, they said they can't do that much. Also, I mentioned she smoked pot. What about that? She passed their drug test because they gave her two ****ing weeks! She's just gone right back to smoking it as well. I'm not here to complain about not getting along with my mother, or that I have to raise the kids. I'm here because my mother is a dangerous woman who needs mental help.

 

[Alex1176]

I've talked to a lawyer about the child support. I was even approved for the account, because of this person, so yes, it is fine.

It sounds very strange to me. The purpose of CS is to compensate the custodial parent for the expenses of raising the child. So, unless she agreed in writing to let your father transfer the funds to your account, I don't see how legally it can be.

My father bought me the car, and yes, put it in my name, with my insure in MY NAME. So no, she can't get that away from me. Did you really not read all of what I said? She's threatening!, to burn our house down. This is the kind of woman that would put a one night stand over her own children. Isn't that considered a threat to the well fare of children? The reason CPS didn't get involved is because she made every child lie to their faces. I told the truth. Yes, they're still investigating as well, but until she raises a hand at me or the children, as she's done hundreds of times before, they said they can't do that much. Also, I mentioned she smoked pot. What about that? She passed their drug test because they gave her two ****ing weeks! She's just gone right back to smoking it as well. I'm not here to complain about not getting along with my mother, or that I have to raise the kids. I'm here because my mother is a dangerous woman who needs mental help.

Why does your father not trying to change the custody, so he will be the CP?

 

[Zigner]

I suspect that dad is in for a rude awakening when he has to pay child support arrears to mom...

 

[commentator]

What you describe (house is dirty, Mom smokes pot, has one night stands sometimes, yells and screams at kids) is not enough to get children removed from a home. There are not enough foster care placements to get the children whose parents are pimping them out and burning them with cigarette butts and cooking meth out of the homes.

You're using all the inflamatory stuff you can come up with to prove to us that you are in a terrible situation, but all you can do is report it, and if nothing is found, then nothing is found, and they are not going to do what you want them to.

From the sound of things, you are not in danger. Work, continue your education, keep taking care of your siblings ( would you really want to leave them to fend for themselves, either there or in foster care?) and let the year pass.

Let's see, you talked to a lawyer who told you it was all right for your dad to pay you child support instead of your mother. You're 'on the account.' Really?

 

[mistoffolees]

I've talked to a lawyer about the child support. I was even approved for the account, because of this person, so yes, it is fine.

I call BS. Your Dad needs to check his court order. Unless the custody order specifically says that the child support is to be paid to you, Mom could sue him for unpaid child support. That could mean thousands of dollars in back support as well as interest. And if he refuses to pay, loss of driver's license and jail time.

My father bought me the car, and yes, put it in my name, with my insure in MY NAME. So no, she can't get that away from me. Did you really not read all of what I said? She's threatening!, to burn our house down.

She can threaten all sorts of things. Making stupid statements isn't a crime, nor does it affect custody.

This is the kind of woman that would put a one night stand over her own children. Isn't that considered a threat to the well fare of children? The reason CPS didn't get involved is because she made every child lie to their faces. I told the truth. Yes, they're still investigating as well, but until she raises a hand at me or the children, as she's done hundreds of times before, they said they can't do that much.

So CPS has investigated and not found any evidence that she's unfit. You see, there's a big difference between allegations and fact.

If the situation is so horrible, why hasn't Dad filed for custody?

Also, I mentioned she smoked pot. What about that? She passed their drug test because they gave her two ****ing weeks! She's just gone right back to smoking it as well. I'm not here to complain about not getting along with my mother, or that I have to raise the kids. I'm here because my mother is a dangerous woman who needs mental help.

If she's dangerous and needs mental help, then CPS will step in. In reality, YOU THINK she's dangerous and needs help, but unless you're a licensed mental health professional, you're not qualified to make that assessment.

Again, if Mom is so dangerous and needs help, where is Dad?

In the end, though, you've gotten the legal advice. If Mom has custody, until you're 18, you live with Mom until you get permission from both parents or the court to live somewhere else.

 

[cbg]

Do you think that if you say enough bad stuff about Mom, someone or other will somehow magically come up with a law that says, oh, well, in that case yes you can leave and no one can stop you?

It doesn't work that way. The law says what the law says. The law says that the age of majority is 18.

 

[HomeGuru]

Do you think that if you say enough bad stuff about Mom, someone or other will somehow magically come up with a law that says, oh, well, in that case yes you can leave and no one can stop you?

It doesn't work that way. The law says what the law says. The law says that the age of majority is 18.

**A: exactly and thanks for posting. Saved me the trouble.

 

[Ohiogal]

I will say that if your father is depositing child support directly into YOUR account, he may find out that he is hundreds if not thousands of dollars in arrearages and end up repaying it to your mother. Child support is NOT your money.

 

[>Charlotte<]

Here, you can read the statute yourself.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.31.htm#31.001

But--don't let your eagerness to emancipate yourself cause you to misinterpret the law. You'll notice it says "self supporting". That means, literally, self supporting. Rent, food, car, gas, electricity, water, insurance, clothing, medical care, property taxes, etc. All by yourself.