+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    FutureStarlocke is offline Junior Member
    Join Date
    May 2005
    Location
    Arlington, TX
    Posts
    5

    Texas Law Allows 17 To Move Out?

    Texas

    I'm writing on behalf of a 17 year old that wants/"needs" to move away from her home. She has a place lined up, has a job, and will continue school. We've consulted two legal sources and one police officer that have all said that at the age of 17 she can move out, and legally there's nothing her parents could do to "force" her to come back or to prevent her from leaving.

    She would have to declare she is moving first, and then make it known where it is she is moving to. She would have to keep up her grades, and any legal complications (parking tickets, or arrests), her parents would still be liable for. Unless she is in any danger or feels she was pushed into moving, she can leave consentingly and no legal recourse can be taken towards her hosts.

    Like I said, we've contacted two lawyers and one police officer who have given the advice, and all seem to agree that while there's no physical abuse or obvious neglect, the situation she's in is something more than she should be dealing with and they all feel she would be capable of making a sound decision in regards to moving out.

    Anything to add? Anything incorrect here?
  2. #2
    djohnson is offline Senior Member
    Join Date
    Jul 2002
    Location
    Tennessee
    Posts
    3,088
    I'm not sure TX laws on emancipation, but she would have to be living alone and supporting herself completely. Living with a boyfriend doesn't count. Depending on the particular TX law she could be considered a runaway and put in the system. Maybe someone with TX knowledge will come in. But this is not an advisable situation either way.
  3. #3
    Happy Trails is offline Senior Member
    Join Date
    Jul 2004
    Posts
    4,432
    Quote Originally Posted by FutureStarlocke
    Texas

    I'm writing on behalf of a 17 year old that wants/"needs" to move away from her home. She has a place lined up, has a job, and will continue school. We've consulted two legal sources and one police officer that have all said that at the age of 17 she can move out, and legally there's nothing her parents could do to "force" her to come back or to prevent her from leaving.

    She would have to declare she is moving first, and then make it known where it is she is moving to. She would have to keep up her grades, and any legal complications (parking tickets, or arrests), her parents would still be liable for. Unless she is in any danger or feels she was pushed into moving, she can leave consentingly and no legal recourse can be taken towards her hosts.

    Like I said, we've contacted two lawyers and one police officer who have given the advice, and all seem to agree that while there's no physical abuse or obvious neglect, the situation she's in is something more than she should be dealing with and they all feel she would be capable of making a sound decision in regards to moving out.

    Anything to add? Anything incorrect here?
    I disagree that no action can be taken against the host. I also disagree that the parents would be responsible for parking tickets and "some" things that the 17-year old may do illegally. Does she have a vehicle? Who's name is it in? Who is carrying the insurance on the vehicle?

    TX statutes:

    25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child. (b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.

    25.06. HARBORING RUNAWAY CHILD. (a) A person commits an offense if he knowingly harbors a child and he is criminally negligent about whether the child:
    (1) is younger than 18 years; and
    (2) has escaped from the custody of a peace officer, a probation officer, the Texas Youth Council, or a detention facility for children, or is voluntarily absent from the child's home without the consent of the child's parent or guardian for a substantial length of time or without the intent to return.
    (b) It is a defense to prosecution under this section that the actor was related to the child within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code.
    (c) It is a defense to prosecution under this section that the actor notified:
    (1) the person or agency from which the child escaped or a law enforcement agency of the presence of the child within 24 hours after discovering that the child had escaped from custody; or
    (2) a law enforcement agency or a person at the child's home of the presence of the child within 24 hours after discovering that the child was voluntarily absent from home without the consent of the child's parent or guardian.
    (d) An offense under this section is a Class A misdemeanor.
    (e) On the receipt of a report from a peace officer, probation officer, the Texas Youth Council, a foster home, or a detention facility for children that a child has escaped its custody or upon receipt of a report from a parent, guardian, conservator, or legal custodian that a child is missing, a law enforcement agency shall immediately enter a record of the child into the National Crime Information Center.

    41.001. LIABILITY. A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:
    (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
    (2) the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.
  4. #4
    FutureStarlocke is offline Junior Member
    Join Date
    May 2005
    Location
    Arlington, TX
    Posts
    5
    I spoke with the attorney again today, and here's what he said (not verbatum, but close)

    "At age 17 she can leave the house and legally the police are
    unable to forcefully return her home unless there is proof of
    an unsafe environment or conditions.

    She must be self-sufficient, not in that she has to make an
    amount of income, but that she can support herself in whatever
    living environment she ends up in. She must stay in school,
    her personal rights may not be infringed, and she must declare
    to her guardians where exactly it is she is living and that
    she is okay."
  5. #5
    Happy Trails is offline Senior Member
    Join Date
    Jul 2004
    Posts
    4,432
    Quote Originally Posted by FutureStarlocke
    I spoke with the attorney again today, and here's what he said (not verbatum, but close)

    "At age 17 she can leave the house and legally the police are
    unable to forcefully return her home unless there is proof of
    an unsafe environment or conditions.

    She must be self-sufficient, not in that she has to make an
    amount of income, but that she can support herself in whatever
    living environment she ends up in. She must stay in school,
    her personal rights may not be infringed, and she must declare
    to her guardians where exactly it is she is living and that
    she is okay."
    That may be. Did you inquire about the above statutes I posted to the attorney.

    If she were self-sufficient then she wouldn't need the help of other adults. If there are adults that are breaking the laws I posted above, it will be them that will be prosecuted.

    I would like to know how I can be self-sufficient, without making any money.
  6. #6
    confussed&lost is offline Junior Member
    Join Date
    Jan 2007
    Posts
    1

    Question need to know

    TEXAS

    Hi im 16 and I need to know if I can move out at 17? I dont want to have to deal with cops and stuff and my life at home isnt exactly pretty my parents drink way to much and can and has got abusive. I wouldnt have permission to leave and I dont want to go into the system. I would have a place to live with my boyfriend and his parents. I hope that someone could give me some help on this topic please! Thanks
  7. #7
    The Occultist is offline Senior Member
    Join Date
    Feb 2005
    Posts
    5,408
    Firstly, you should start your own thread insteak of hijacking one nearly 2 years old.

    Secondly, Texas has a loophole that says that if you're 17, the police will be unable to bring you back to your parents.
  8. #8
    iriishzsoup is offline Junior Member
    Join Date
    Sep 2009
    Posts
    2
    Yay for four years later.

    I highly doubt you even check this thread very often, but I was wondering what the outcome of this situation was.

    Answer much appreciated.
  9. #9
    movingout! is offline Junior Member
    Join Date
    Jul 2010
    Posts
    1

    Exclamation you can leave at age 17

    According to attorney general of texas (Greg Abbott) a un-emancapated 17 year old can leave there parents house without concent or intent to return home
    [url=http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2003/htm/ga0125.htm]Tex. Att'y Gen. Op. No. GA-0125 (2003) -- Greg Abbott Administration[/url]

Similar Threads

  1. can i move to texas if im not 18?
    By kammiekamm in forum Juvenile Law
    Replies: 6
    Last Post: 01-27-2012, 09:25 PM
  2. Can I move out at 17 in Texas???
    By AmorVicintOmnia in forum Juvenile Law
    Replies: 2
    Last Post: 05-24-2011, 08:24 PM
  3. Want to move to Texas
    By confused-mother in forum Child Custody & Visitation
    Replies: 1
    Last Post: 01-30-2006, 06:50 PM
  4. Age to move to Texas
    By paula1186 in forum Marriage, Domestic Partnerships and Other Family Law Matters
    Replies: 7
    Last Post: 03-10-2005, 06:40 PM
  5. Can I move out of Texas?
    By slbrown75 in forum Child Custody & Visitation
    Replies: 9
    Last Post: 01-21-2005, 03:06 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.