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Move Out Laws

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YesImGrown

Junior Member
I live in Texas and in March I will be 17. Can I legally leave my home without my moms permission? My mom isnt the tolerable type so i cant just walk out and leave , If she or my step dad try and stop me what can I do? Do I have to stay?? My mom is 100% against the move out but i have arrangements already made. My home used to be abusive. We were even taken from my mom for 6 years.Even now my mom goes back to those dark times and might call me stupid and ugly. Or say she wishes i was never born but its improved from how it used to be. Also I have 7 brothers and a baby sister. 6 of those brothers are under 9 . So its very loud and chaotic and moving will give me my own space and the peace i need to excel in school. Homework is impossible to get done with all my siblings running around.
Any advice would be nice!
Also do you know what kind of texas benifits I might be able to apply for at 17??? I get ssi benefits but i contacted the social security administration and they told me when i leave i have to leave my benifits there and that my mom would continue to receive them. What benefits can i recieve????
 


Zigner

Senior Member, Non-Attorney
I live in Texas and in March I will be 17. Can I legally leave my home without my moms permission? My mom isnt the tolerable type so i cant just walk out and leave , If she or my step dad try and stop me what can I do? Do I have to stay?? My mom is 100% against the move out but i have arrangements already made. My home used to be abusive. We were even taken from my mom for 6 years.Even now my mom goes back to those dark times and might call me stupid and ugly. Or say she wishes i was never born but its improved from how it used to be. Also I have 7 brothers and a baby sister. 6 of those brothers are under 9 . So its very loud and chaotic and moving will give me my own space and the peace i need to excel in school. Homework is impossible to get done with all my siblings running around.
Any advice would be nice!
Also do you know what kind of texas benifits I might be able to apply for at 17??? I get ssi benefits but i contacted the social security administration and they told me when i leave i have to leave my benifits there and that my mom would continue to receive them. What benefits can i recieve????
Short answer: No

Why can't you do your homework at the library?
 

CSO286

Senior Member
I live in Texas and in March I will be 17. Can I legally leave my home without my moms permission? My mom isnt the tolerable type so i cant just walk out and leave , If she or my step dad try and stop me what can I do? Do I have to stay?? My mom is 100% against the move out but i have arrangements already made. My home used to be abusive. We were even taken from my mom for 6 years.Even now my mom goes back to those dark times and might call me stupid and ugly. Or say she wishes i was never born but its improved from how it used to be. Also I have 7 brothers and a baby sister. 6 of those brothers are under 9 . So its very loud and chaotic and moving will give me my own space and the peace i need to excel in school. Homework is impossible to get done with all my siblings running around.
Any advice would be nice!
Also do you know what kind of texas benifits I might be able to apply for at 17??? I get ssi benefits but i contacted the social security administration and they told me when i leave i have to leave my benifits there and that my mom would continue to receive them. What benefits can i recieve????
No you aren't grown. You are a child.

You move out, Mom can have you brought back.
 

LdiJ

Senior Member
Are You 100% Sure? Don't just say no because you don't agree with teens moving out. Is your answer verified?
You are not a legal adult until you are age 18. Therefore you are under your parent's control until you are age 18. Even if some how you could pull off moving out before age 18, you would not qualify for any kind of benefits at all.
 

YesImGrown

Junior Member
No you aren't grown. You are a child.

You move out, Mom can have you brought back.
Are you 100% sure? Have you had experience in this matter? How do you know my mom can have me brought back? I'm not trying to undermine you or anything but i want verified answers not just your opinion on the subject, This is an answer I got from another website
"The age of majority in TX is 18. You cannot legally leave home prior to turning 18 unless you have your parents' permission or you have been emancipated.
This is false. Legally in the state of Texas you can move out of your parents house as long as they know where you are, you still attend school, and have someone who can support you or you can support yourself. A police officer CANNOT come to the place where you are staying at and take you back home. Regularly the state can send a peace officer to check in on you but he CANNOT put you in handcuffs and take you home. In some cases you would have to have your parents permission, but in most cases (like ones dealing with physical and emotional abuse) you don't have to have their permission whatsoever all that matters is they know where you are and that your okay. BUT, if you fail to attend school or cannot provide for yourself or no one with provide for you then you must go home until you are 18."
Is any of that true??
 

YesImGrown

Junior Member
You are not a legal adult until you are age 18. Therefore you are under your parent's control until you are age 18. Even if some how you could pull off moving out before age 18, you would not qualify for any kind of benefits at all.
In Texas the legal age is 17. At 17 you are considered an adult
 

TheGeekess

Keeper of the Kraken
In Texas the legal age is 17. At 17 you are considered an adult
Try again, Junior. :cool:
CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 129. AGE OF MAJORITY

Sec. 129.001. AGE OF MAJORITY. The age of majority in this state is 18 years.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 129.002. RIGHTS, PRIVILEGES, OR OBLIGATIONS. A law, rule, or ordinance enacted or adopted before August 27, 1973, that extends a right, privilege, or obligation to an individual on the basis of a minimum age of 19, 20, or 21 years shall be interpreted as prescribing a minimum age of 18 years.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 129.003. ALCOHOLIC BEVERAGE CODE PREVAILS. The minimum age provisions of the Alcoholic Beverage Code prevail to the extent of any conflict with this chapter.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.129.htm
 

CSO286

Senior Member
Are you 100% sure? Have you had experience in this matter? How do you know my mom can have me brought back? I'm not trying to undermine you or anything but i want verified answers not just your opinion on the subject, This is an answer I got from another website
"The age of majority in TX is 18. You cannot legally leave home prior to turning 18 unless you have your parents' permission or you have been emancipated.
This is false. Legally in the state of Texas you can move out of your parents house as long as they know where you are, you still attend school, and have someone who can support you or you can support yourself. A police officer CANNOT come to the place where you are staying at and take you back home. Regularly the state can send a peace officer to check in on you but he CANNOT put you in handcuffs and take you home. In some cases you would have to have your parents permission, but in most cases (like ones dealing with physical and emotional abuse) you don't have to have their permission whatsoever all that matters is they know where you are and that your okay. BUT, if you fail to attend school or cannot provide for yourself or no one with provide for you then you must go home until you are 18."
Is any of that true??
No, that is not true.

And you are not considered self-supporting if you are looking for public assistance benefits as the means by which you intend to support yourself.

From http://minors.uslegal.com/age-of-majority/texas-age-of-majority-law/:

Minors – Age of Majority – Texas

The age of majority in this state is 18 years. Civil Practice and Remedies Code Title 6, Chap. 129, § 129.001 Age of Majority 18 (Civ. Prac. & Rem. §129.001)

Emancipation

If resident and 17 or 16 if living apart from guardian or parents and is self supporting or by marriage (Fam. §31.001 et seq.)

Contracts
May disaffirm within reasonable time after attaining age of majority; may also ratify expressly or by failure to disaffirm within reasonable time (common law) Ability to Sue Guardian, next friend, guardian ad litem (Tex. R. Civ. P. 44)

Consent to Medical Treatment Minors may consent to any treatment if in military or 16 years old and living apart from parents. Any minors may consent to treatment for pregnancy, substance abuse, or infectious diseases (Fam. §32.003). - See more at: http://minors.uslegal.com/age-of-majority/texas-age-of-majority-law/#sthash.9KbkrWHY.dpuf
 

cbg

I'm a Northern Girl
In Texas, in some jurisdictions, LEOs are reluctant to return a 17 year old home if they are safe and the parents know where they are. But make no mistake, Junior, if your parents want you home badly enough you WILL be home. "Reluctant to" is not the same as "cannot".

It is also true that if you need public assistance to support yourself, you don't qualify for emancipation anyway.
 

YesImGrown

Junior Member
In Texas, in some jurisdictions, LEOs are reluctant to return a 17 year old home if they are safe and the parents know where they are. But make no mistake, Junior, if your parents want you home badly enough you WILL be home. "Reluctant to" is not the same as "cannot".

It is also true that if you need public assistance to support yourself, you don't qualify for emancipation anyway.

OK here is what i know after a lot of research and you can tell a cop this. A letter from the attorney general says the definition of a few things. 1. It is stated that the definition of a child is "person over the age of 10 but under the age of 17". according to that definition a 17 year old is not a child. The definition of a runaway according to the attorney general is "a child who has left home voluntarily without parental consent with no intent to return. once again a 17 year old can not be a runaway if you have to be a child to be considered a runaway. second a missing child report wont work either. once again its for a child. A missing persons report is geared toward adults and doesn't require any action by the police to bring you home if you are located and reasonably safe.
 

TheGeekess

Keeper of the Kraken
OK here is what i know after a lot of research and you can tell a cop this. A letter from the attorney general says the definition of a few things. 1. It is stated that the definition of a child is "person over the age of 10 but under the age of 17". according to that definition a 17 year old is not a child. The definition of a runaway according to the attorney general is "a child who has left home voluntarily without parental consent with no intent to return. once again a 17 year old can not be a runaway if you have to be a child to be considered a runaway. second a missing child report wont work either. once again its for a child. A missing persons report is geared toward adults and doesn't require any action by the police to bring you home if you are located and reasonably safe.
Then you just go on with your grown arse. Go on and leave home. But you aren't eligible for state benefits. You'll have to get a job to support yourself. :cool:
 

CSO286

Senior Member
OK here is what i know after a lot of research and you can tell a cop this. A letter from the attorney general says the definition of a few things. 1. It is stated that the definition of a child is "person over the age of 10 but under the age of 17". according to that definition a 17 year old is not a child. The definition of a runaway according to the attorney general is "a child who has left home voluntarily without parental consent with no intent to return. once again a 17 year old can not be a runaway if you have to be a child to be considered a runaway. second a missing child report wont work either. once again its for a child. A missing persons report is geared toward adults and doesn't require any action by the police to bring you home if you are located and reasonably safe.
And here it is again from https://extranet.acf.hhs.gov/irg/profile.html?selection=STA&stateGeoBox=48:


D1. What is the age of majority in your state?



18 years of age.



D2. What is the statutory citation for the age of majority?



Texas Family Code section 101.003.
For Additional Information -
http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.101.htm#101.003


From statute(http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.101.htm#101.003
Sec. 101.003. CHILD OR MINOR; ADULT. (a) "Child" or "minor" means a person under 18 years of age who is not and has not been married or who has not had the disabilities of minority removed for general purposes.(b) In the context of child support, "child" includes a person over 18 years of age for whom a person may be obligated to pay child support.(c) "Adult" means a person who is not a child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
 

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