When can a child choose in Texas?

[pinecone1954a]

Re:When can a child choose...

I will try to bring a ray of hope to this thread. In California at any rate, a judge will seriously listen to a child at age 12. Now, the child just can't say he/she doesn't want to go to visit the other parent for reasons like they don't like the rules in that home, or the bedtime etc. It must be serious. The child should start writing a log about what happens in the other home to show to the judge and it has to be truthful or the judge will see right throught it. As others have mentioned here, nothing can be done without going back to court to get a modification to the visitation, but having something in writing for the judge to see will help. Good luck to all going through this.

 

[CMSC]

I think there is a more simple solution to this question. If someone has a question on this issue then they should ask a local attorney. However the bottom line regarding legal adulthood is what age a child can do whatever they like without any imput from a parent....believe it or not folks...its age 18...everywhere but perhaps that one western state that I can't remember.

That entire list that was posted is something that I have seen often...but it has nothing to do with legal adulthood. It has to do with the age of emancipation for child support purposes.

Everyone in the US can join the military without parental approval at age 18....legal adulthood. Everyone in the US can marry without parental approval at age 18....legal adulthood. Everyone in the US can sign a contract at age 18 without parental approval...legal adulthood. Every person without medical insurance is held responsible for their own medical bills at age 18...legal adulthood. (unless a hospital cons a parent into co-signing...which they often do)

If there is anyone here who can legitimately state that a court gave them control over a child who was over 18 (and not disabled)...then I will cheerfully admit defeat (and go do a whole lot more research to see how that happened).

In Nebraska you have to be 19 to get married without your parents consent.

Oh and if the child is pregnant that is a whole other story in some states. Delaware, Florida, Georgia, Kentucky, Maryland and Oklahoma allow pregnant teens or teens who have already had a child to get married without parental consent.

LDiJ, it is okay to be wrong, everyone is once in awhile. But to keep posting inaccurate information is not just wrong it is irresponsible.

You want someone to legitimately prove to you that a court can have power over a child past the age of 18. I would like you to legitimately prove they can't. Posts some case law, statutes, anything showing that in all states (oh except that ONE western state, as you say) at age 18 you are an adult.

And that list MissouriGal posted certainly is NOT the list for emancipation from child support.

 

[LdiJ]

Once again LdiJ, I have to differ with you.

As one example, the age to marry without parental consent in Mississippi is 21. The age of emancipation. Don't believe me? Here you go... with the URL to back it up...

Under 21: Parental consent is needed if under 21 years of age. If parents or guardians do not give consent at time of application, they will be notified via certified mail. The marriage application will be held for three (3) days. Marriage licenses cannot be issued to males under 17, or females under 15 years of age. If the clerk receives a signed authorization from the parents, this minimum age requirement can be waived.

http://usmarriagelaws.com/search/united_states/mississippi/index.shtml

Scroll down about 1/4 of the page. It's right under the "Fees: $22. Cash only." and the Blood test requirement.

Ala. Code § 26-1-1

Alabama Code
Title 26
INFANTS AND INCOMPETENTS
Chapter 1
GENERAL PROVISIONS.

Age of majority designated as 19 years.

(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.


Mississippi, Miss. Code. Ann. § 1-3-27

SEC. 1-3-27. Minor.

The term "minor," when used in any statute, shall include any person, male or female, under twenty-one years of age.

SOURCES: Codes, 1892, Sec. 1508; 1906, Sec. 1585; Hemingway's 1917, Sec. 1352; 1930, Sec. 1376; 1942, Sec. 684.


That's just 2. If you research, youll find more.

But, as you can see, the above statutes refer to the Age of Majority, and have nothing at all to do with child support.

The list I posted in my previous post had nothing to do with child support at all. If you must have the URL to it, here it is:

http://www.tangledmoon.org/majorityage.htm

That webpage has nothing at all to do with child support. It has to do with teaching a certain religion, and what the age of majority is in certain states so that people wouldn't be teaching MINORS. I doubt if you've seen THAT particular list in reference to when child support ends.....

Ok...first I apologize for not looking at your list more closely. It wasn't the same list I have seen. Second, I conceed that there is obviously more than one state that has a higher age of majority on their statutes than just the one I had heard of.

HOWEVER....I still think it would behoove a person to double check before assuming a child isn't a legal adult at 18. Its possible that case law could have effected some of those statutes. For example I participate on a board that have several NY attorneys on it and they always talk about 18 as being the age of legal adulthood.

 

[gobonas99]

But, as you can see, the above statutes refer to the Age of Majority, and have nothing at all to do with child support.

The list I posted in my previous post had nothing to do with child support at all. If you must have the URL to it, here it is:

http://www.tangledmoon.org/majorityage.htm

That webpage has nothing at all to do with child support. It has to do with teaching a certain religion, and what the age of majority is in certain states so that people wouldn't be teaching MINORS. I doubt if you've seen THAT particular list in reference to when child support ends.....

MissouriGal - I have to differ with you on this. The age of majority in New York State is NOT 21, as told by that site you referenced....per the New York State Consolidated Laws, the age of majority is, in fact, 18.

NYS Consolidated Laws, Chapter 14, Article 1, Sec 2: "Definitions. A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years." http://assembly.state.ny.us/leg/?cl=29&a=2

When I turned 18, had I wanted to, I could have moved out, gotten married, bought a house, etc...all without permission of the courts or my parents.

Perhaps the site you referenced is incorrect in their information. NYS Consolidated Laws, Chapter 14, Article 13, Sec 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. http://assembly.state.ny.us/leg/?cl=29&a=24 A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).

-Christina

 

[Whyte Noise]

MissouriGal - I have to differ with you on this. The age of majority in New York State is NOT 21, as told by that site you referenced....per the New York State Consolidated Laws, the age of majority is, in fact, 18.

NYS Consolidated Laws, Chapter 14, Article 1, Sec 2: "Definitions. A "minor" or "infant", as used in this chapter, is a person under the age of eighteen years." http://assembly.state.ny.us/leg/?cl=29&a=2

When I turned 18, had I wanted to, I could have moved out, gotten married, bought a house, etc...all without permission of the courts or my parents.

Perhaps the site you referenced is incorrect in their information. NYS Consolidated Laws, Chapter 14, Article 13, Sec 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. http://assembly.state.ny.us/leg/?cl=29&a=24 A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).

-Christina

You're right. The information on that webpage is no longer current or correct.

I looked through the state statutes, and there are 4 states that have the age of majority as being over 18. Mississippi and Alabama I listed above. The other 2 are Nebraska:

Revised Statutes of Nebraska
Title 43
Infants and Juveniles

Persons declared minors; marriage, effect.
All persons under nineteen years of age are declared to be minors, but in case any person marries under the age of nineteen years, his or her minority ends.

Title 43, §43-2101


And Pennsylvania:

Pennsylvania Code
TITLE 1
GENERAL PROVISIONS
CHAPTER 19
RULES OF CONSTRUCTION
Definitions
The following words and phrases, when used in any statute finally enacted on or after September 1, 1937, unless the context clearly indicates otherwise, shall have the meanings given to them in this section:

"Adult." An individual 21 years of age or over.

"Majority." When used in reference to age, means of the age of 21 years or over.

"Minor." An individual under the age of 21 years.

Title 1, Chap. 19, § 1991

Like I said before, I'm able to admit when I'm wrong. (Don't fall out of your chair CSMC.) The website I posted gave inaccurate information for some of the states, including for Pennsylvania... which the site said the AOM was 18, or out of high school when it's actually 21.

But, at least now I know which 4 states have an age of majority above 18 in case anyone ever asks!