legal age to move out

What is the name of your state? Texas

What is the legal age to move out in Texas where you are not considered a runaway? The hotline said they think it is 17 years old.

Did the hotline also tell you they would do your jailtime if you were caught?

Thought not. It's 18 or upon legal emancipation. PERIOD!

[url]http://www.janesdp.org/emancipation.htm[/url]

Actually, Texas does not have a law to give a minor “emancipation”. However, it does have a law called “Removal of Disability of Minority”, located in Chapter 31 of the Texas Family Code.

A teenager (at least 16 years-old) can apply through a local court for certain types of legal restrictions to be removed so that a teen can act as an adult and make certain decisions on her own without parental involvement. However, for the purposes of providing this written information, we will call this process “emancipation”.

A minor can also be given the rights of a legal adult through other means such as getting married and serving in the military. You automatically are considered a legal adult in Texas on your 18th birthday

How do I apply to have the disabilities of minority removed?

(to become emancipated)

In Texas, you must be at least 16 years of age and file a petition in the county in which you currently live and most likely will continue to reside. The petition needs to be verified (stating that the facts in the petition are true) by at least one living parent, legal guardian or managing conservator (this is usually done by one of these individuals signing the petition in front of a notary public).

If your parent will not verify the petition, you can sign the petition before a notary public (a small fee and positive photo identification are required). File the petition with the district clerk of the court that serves the county in which you live (call your local library of you don’t know where that office is). If you did not get a parent or guardian to verify the petition, you may ask the clerk to have the court appointed guardian ad litem verify the petition. The guardian ad litem is a person (usually a lawyer) whose job it is to make sure your best interests are taken care of by the court. To make sure that a guardian ad litem is appointed in your case, you may file another petition requesting this. Appointment of the guardian ad litem is mandatory according to the law (Texas Family Code § 31.004).

In your petition, you must provide information on how your parents can be found by the court to notify them about your intention to seek emancipation. If a parent is deceased, you must provide a copy of the death certificate. If your parent is in jail or prison, you must provide information regarding the facility’s mailing address and your parent’s inmate number. If your parent is missing, you must provide information of the last known mailing address of that parent (it may be necessary for the court to post a notice in the newspaper in the area in which your parent was to known to have most recently lived).

A fee is required to file your petition. If you are unable to pay this filing fee, you may also complete a form that explains that although you are able to financially support yourself, you are unable to budget for extra fees towards a legal action (you sign this form before a notary public before you file your application with the court). Each county has a different filing fee system, so you will have to call the district clerk’s office to find out the costs of filing your petition.

A hearing is usually set on the first Monday after 20 days after the petition has been filed. You will be giving the clerk information on how you can be contacted so you know when and where the hearing will be held. If the court has a difficult time finding one of your parents to notify about the legal action you have started, the hearing may be postponed until there is success in locating the whereabouts of that parent. If the parent cannot be found after a certain amount of time, the judge should set a hearing date for your case.

Each living parent or legal guardian who still has legal responsibility of you will be notified of the legal action by the court. Each parent has the right to not appear at the hearing. If this is the case, you may have each parent sign a form waiving the right to appear and agreeing to the outcome of the hearing. If the case will be uncontested (your parent(s) will not fight you about your decision), you can file the petition on your own, called “pro se”, and you will not need an attorney of your own as you have the right to represent yourself. The court appointed guardian ad litem should give you enough legal support to complete the legal process.

There does not have to be an agreement by your parent(s) for you to become emancipated. Each parent has a right to appear at the hearing and bring a lawyer for representation. If you know that your parent(s) intend(s) to contest (fight) the emancipation, you may want to have your own lawyer.

If you are pregnant and want to become emancipated so that you may continue your pregnancy without facing parental harm or due to parental abandonment, you can contact the Jane’s DUE PROCESS hotline at 1-866-999-jane(5263) for a lawyer referral to represent you for free. If you are not pregnant, there are resources for lawyer referrals at the end of this page.

At the hearing, you will need to give the court proof that the requirements for pursuing emancipation have been fulfilled. Examples of proof that might be needed are:

· A note from a friend, relative or landlord telling the court where you live (separate from your parents).

· Information about your job, pay rate, employment history, etc. Recent pay stubs will usually help.

· Information about any financial assistance you receive, a court order for child support, welfare funds, etc.

· Your plans for education and copies of enrollment, GED certification or high school diploma.

· Your plans for other needs such as clothing, health care, transportation and recreation. A budget showing that you understand your financial status is helpful.

· Special information about why it is best that you have adult rights and responsibilities.