I know it is legal to move out when 17, and after 24 hours if you leave when parents say no, they could file missing persons report. But, If I move out, can I enroll myself into school or have my boyfriend do it? Or do I have to go through paperwork?
elklaw
05-30-2005, 10:42 PM
FYI
Texas specific info on emancipation of minor
http://www.janesdueprocess.org/emancipation.htm
http://www.jlc.org/home/mediacenter/factsheets/FAQEMN.html
Scroll down to section dealing with emancipation of minor and schooling.
ACc083
06-04-2005, 03:19 PM
***TEXAS***
Unfortunately, it is not "legal" to "move out" of your parents house when you are 17 without their permission.
First, your parents, as managing conservators, have a statutory right under the Texas Family Code (Chapter 151.001) and Texas Probate Code (Chapter 767) to have physical possession of their unemancipated child and designate their primary residence. They also have the duty of care, control, protection, and reasonable discipline of the child. Therefore, they may lawfully tell you "no" when you wish to leave or move out.
Second, your parents do not need 24 hours to file a Missing Person report. They may file one once they determine you voluntarily left without the intent to return. However, Texas Attorney General Opinion GA - 0125 determined that an "unemancipated" 17 year old may not be reported as missing if the parents know the child's whereabouts. If you are reported as missing and you are identified by a peace officer, they have a lawful duty to take you into possession and return you to your parents. Texas Attorney General Opinion JC - 0229 addresses any questions regarding a Missing Person who is 17 and unemancipated.
Reference Texas Code of Criminal Procedure, Chapter 63
Third, there is a process for becoming a legal adult at the age of 17. It is known as "Removal of Disabilities of Minority." (Texas Family Code, Chapter 31) It is a difficult process if your parents don't agree with your wishes or if you don't have the money to hire an attorney. Until you become a legal adult, you may not enter contract, therefore preventing you from enrolling yourself in school. Your boyfriend can't do that for you either.
Talk to your parents. See if they will approve your wishes of becoming a legal adult. If they don't, you might want to contact an attorney, but not wanting to live with your parents doesn't necessarily warrant terminating their rights. The previous post from "Elklaw" has some websites that offer more information.
Texasmom
06-08-2005, 12:45 PM
:confused: I live in Texas and my son who will be 17 in August says he does not have to live at home if he doesn't want to. I tried to find out what the law says about this situation but I did not get very clear answers.
According to the juvenile probation officer I spoke with, in Texas a 17 year old CAN move out but if they do something stupid their parents are still legally liable until the kid turns 18. Also, they warned me not to lock my son out of the house because according the law, at 17 he can stay out as long as he wants and his parents cannot deny him entry to their home or they will be breaking the law. The person I spoke with did not know if I have a legal obligation to provide food and clothing to my 17 yr old if he leaves home. They suggested I contact an attorney.
I am very frustrated with this situation. My son has not had any legal troubles yet but it is only a matter of time because I know he smokes cigarettes and drinks alcohol and may be using pot. He thinks he is smart because he hasn't gotten caught and that I should be proud of him for not have a criminal record.
The situation is coming to a head because his father and I are moving this summer (still within Texas) and my son does not want to relocate. However, I don't want him to move out if I can be arrested or sued because of something he does when he is not living in my home.
I would appreciate any information about the family code in Texas, especially if you can provide a source I can check. What I have been told so far is inconsistent with some of the information presented in this thread.
Thank you!
ACc083
06-08-2005, 10:03 PM
I'm sorry that a juvenile probation officer misinformed you.
A seventeen year old (unemancipated, unmarried, and not in the military) may not move out of their parents house without their parents explicit permission. Therefore, if parents give their child permission to move out of their house, they may lawfully do so under those circumstances. Section 151.011 of the Texas Family Code states that a parent of a child has the right to have physical possession and to designate the residence of the child, among other rights and duties (http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.005.00.000151.00.htm#151.001.00).
Regarding liability, a parent OR other person who has the duty of control and reasonable discipline of a child is liable for any property damage caused by that child. If a child moves out of their parents house and the parents entrust the duty and control of the child with another person, that person is then liable for negligent conduct by the child (http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.002.00.000041.00.htm#41.001.00).
Regarding a curfew, parents may allow their unemancipated 17 year old child to stay out as long as they please. However, if a parent wishes to not allow their child to leave or have them home at a certain time, the child must obey the parents wishes because the parents have a statutory right to have physical possession of of their child and the duty of control and reasonable discipline.
If your child voluntarily leaves the care and control of their legal guardian without the intent the guardians consent and without the intent to return, they may be reported as a "Missing Person" once it has been determined that their whereabouts are unknown and meet the previously stated circumstances, among others (http://www.capitol.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000063.00.htm#63.001.00).
(http://www.oag.state.tx.us/opinions/jc/JC0229.pdf)
(http://www.oag.state.tx.us/opinions/ga/ga0125.pdf)
If your child wishes to live on their own or in the care of another, you and your child should consider a process known as "Removal of Diabilites of Minority." You should only consider this if it is what you, as a parent, want. A minor whose disabilites are removed has the capacity of an adult except for specific constitutional and statutory age requirements. A child may also petition the court without your permission, although it is a difficult process without the help of their parents (http://www.capitol.state.tx.us/statutes/docs/FA/content/htm/fa.002.00.000031.00.htm#31.001.00).
If your child needs a reality check, I'm sure the local police department would be more than willing to offer a hand. It seems his actions will lead him down the wrong path. Also, you should get in contact with that probation officer you spoke to and complain to their supervisor for giving incorrect statutory information. Even worse, it was a juvenile probation officer!
I provided the links for you or your child to see the physical information. I hope this helps. Let me know if you have any questions.
pash_78382
12-13-2005, 07:31 PM
:confused: I live in Texas and my son who will be 17 in August says he does not have to live at home if he doesn't want to. I tried to find out what the law says about this situation but I did not get very clear answers.
According to the juvenile probation officer I spoke with, in Texas a 17 year old CAN move out but if they do something stupid their parents are still legally liable until the kid turns 18. Also, they warned me not to lock my son out of the house because according the law, at 17 he can stay out as long as he wants and his parents cannot deny him entry to their home or they will be breaking the law. The person I spoke with did not know if I have a legal obligation to provide food and clothing to my 17 yr old if he leaves home. They suggested I contact an attorney.
I am very frustrated with this situation. My son has not had any legal troubles yet but it is only a matter of time because I know he smokes cigarettes and drinks alcohol and may be using pot. He thinks he is smart because he hasn't gotten caught and that I should be proud of him for not have a criminal record.
The situation is coming to a head because his father and I are moving this summer (still within Texas) and my son does not want to relocate. However, I don't want him to move out if I can be arrested or sued because of something he does when he is not living in my home.
I would appreciate any information about the family code in Texas, especially if you can provide a source I can check. What I have been told so far is inconsistent with some of the information presented in this thread.
Thank you!
they didnt misinform you mam, i moved out at the age of seventeen and a paece officer couldnt take me anywhere. they called the attorney general and even he said they couldnt take me out of they home i was in. it is true that you can get in trouble for locking your seventeen yr old son out. only because it would pretty much be abandonment. its hard to explain. im sorry about your son though.
ACc083
12-13-2005, 07:40 PM
they didnt misinform you mam, i moved out at the age of seventeen and a paece officer couldnt take me anywhere.
THAT IS WRONG!
"pash_78382", unless you have a JD from an accredited university or are certified as a peace officer in the state of Texas, DON'T BE MISINFORMING PEOPLE OR PROVIDING INCORRECT LEGAL INFORMATION. YOUR INFORMATION IS INCORRECT.
The information I have provided is 100% accurate for the state of Texas. PERIOD.
Confused in Texas
01-19-2006, 08:14 AM
:( My best friend has been wanting to move out of her house for a while now. She's only 16 right now, but she will be 17 in February and she is planning to move in with her boyfriend and his parents. Since she doesn't want to check up on it to save her own butt, i thought i would being a good friend. I want to know if it is legal for her to move out. She's told her mother that she can and there is nothing she can do about it, and i think she [her mother] believes her, so can she if her mother does anything against it. I only ask because her mother has pretty much given up on her, can she still get anyone in trouble if her mother does nothing about her leaving and reluctantly agrees? How long does it take to get back a response?
PLEASE HELP US, THERE ARE SO MANY DIFFERENT THINGS HAT PEOPLE SAY TO CONTRADICT WHAT IS REALLY RIGHT. I JUST WANT TRUTHFUL ANSWERS.
~Thank You
cbg
01-19-2006, 10:01 AM
Until she is 18 she is legally under her parents control. The answer is no, she cannot, unless she has her parents' permission.
Confused in Texas
01-19-2006, 10:09 AM
I have another question, I turn 18 in 2 months and then i graduate from high school, but i am hoping that i can move out while i am still enrolled in school. Is this possible without causing any turmoil in the legality dept?
ACc083
01-19-2006, 11:01 AM
Yes, you may move out once you turn 18 and remain enrolled in school. If it is a private school, you may encounter a few problems; although it is something that should be resolved in a simple manner.
Texasmom
01-26-2006, 11:40 PM
Thank you to everyone who replied to my questions.
We moved in June 2005 and my son agreed to move with us and try out the new school. His father and I told him that if he did not move with us we would report him as a "Missing Person" and that we would only give him food while he was at our house.
In November the situation went south. He was in trouble at the new school for sleeping in class all the time and not turning in assignments. He resented that we were limiting his tv and computer access in an effort to help him focus on school. He announced he was moving out. It was easier for me to deal with the situation since I was familiar with the Texas laws regarding minors. We told him that we would not physically try to stop him from walking out the door, but that if he left we would have to report him as a run away and that anything he took with him would be reported as stolen property. We reminded him that we would not give him money for food if he left home without our permission.
Several hours later after making a big show of getting all of his laundry washed and packed up, my son asked us if we would discuss a compromise. He asked what he would have to do for us to give him permission to live with someone else and take his computer and game system with him (without us reporting it stolen). We calmly told him we thought that moving out at 17 was a poor choice, but we agreed to let him take his stuff with him if he would at least get his GED first. We explained that we would still have to officially report him as a "Missing Person" to reduce our legal liability if he did something dumb and got sued, but we knew from checking with the police departments in our new town and our old town that the cops in both areas could care less about trying to make a 17 yr old go back home. (Read my original post to see the incorrect information the juvenile probation officer told us regarding 17 year olds).
The funny thing is that he has since gotten his GED and announced several 'moving out' dates, but he is still very much living at home and is currently looking for a job in our new town. I think he was wanting to storm out the door in the middle of a heated argument so he could justify his poor choice, but we never let the matter escalate on our side of the interaction. Also, some of his friends that he was certain would take him in told him no because their parents didn't want any trouble with the police, just in case the police did try to make him come home.
Anyway, Thank you, ACc083, for providing good information and the web links I could use to verify the accuracy of what you posted! This whole mess has been much easier to cope with because we were accurately informed.
ceara
01-27-2006, 06:33 PM
Don't report him as a "missing person" report him as a RUNAWAY. While it's true that may police officers don't like to get involved when the child is close to 18, if you push the subject, they HAVE to. That is what we pay them to do. I understand the mentality of not want to turn it into a reccurring problem of the child leaving, the parents clling the police, police returning the child just so that the kid can runaway again. However, running away from home is considered a crime in Texas. If your son doesn't want to be returned home or continues to leave after you have forbid it, he can always go stay at juvi until his 18th birthday!
ACc083
01-27-2006, 09:14 PM
Ceara...
Just a few corrections:
1. A "missing person" is the proper term for this situation; to be more specific, a child may be designated as a "missing child." Nowhere is the term "runaway" used in Chapter 63 of the Code of Criminal Procedure.
2. "Running away from home" is NOT considered a crime in Texas. Crimes are designated by their punishments (Class A, B, and C Misdemeanors, State Jail, First, Second, and Third Degree, and Capital Felonies). A child who voluntarily leaves the care and control of their custodians without their permission and without the intent to return is considered a "status offender", not a "criminal."
3. Juvenile detention is not an option for a missing child. Chapter 63 of the CCP outlines the possible solutions for this situation. They are: 1. Return the child to the person entitled to the possession of that child; and 2. If the person entitled to the possession of that child is not available, deliver the child to the Department of Protective and Regulatory Services.
ceara
01-27-2006, 10:43 PM
Runaway is a subcategory of missing person. When reporting a person as missing, if at all possible, the missing person should receive the proper designation (IE-runaway, stranger abduction, voluntarily missing, etc.)
If a child is a habitual runaway or it can reasonably be considered that they will repeat the offense, they can be detained by the state or at the request of the parents until such time as the minor reaches the age of majority, they are no longer considered at risk for recidivism or by the request of the parent or guardian.
Granted, this is NOT the usual course of action that is taken and it is normally discouraged by the authorities, it is an option. Juveniles are not afforded the same considerations under the law that apply to adults.
ACc083
01-28-2006, 12:36 AM
Runaway is a subcategory of missing person
- Really? Show me where this is in the Texas statutes.
If a child is a habitual runaway or it can reasonably be considered that they will repeat the offense, they can be detained by the state or at the request of the parents until such time as the minor reaches the age of majority, they are no longer considered at risk for recidivism or by the request of the parent or guardian.
- Really? Show me where this is in the Texas statues.
By the way, "recidivism" is commonly defined as relapsing into criminal behavior. It has already been established that it is not a crime to runaway, therefore, the child may not be detained in a juvenile detention center as part of the solution. A child will either be returned to their parents or released to the TX Dept. of Protective and Regulatory Services.
I stand by my information and assert that the information is accurate as per current Texas statutes, not personal interpretation or agenda.
kozmo51488
01-31-2006, 01:45 PM
I moved out January 23rd from my parents home after they said that if i felt i could not abide by their rules. So i decided to move out. I can abide by their rules but they left the door open for me to leave. so i did. Im trying to withdrawal from my private school, but need parental signature to be officially withdrawn. my plan is to witdrawl and take my GED test feb. 18 and the 25th.
But my dad says he is legally available to not sign the papers and have a police officer come and get me and bring me home and force me to goto school. but if im understanding it correctly. it they allow me to move out are they still able to bring me back.
any help and any suggestions would be amazing. email me at kozmo51488@yahoo.com
Silvergirl2026
02-03-2006, 12:32 PM
In a couple months I will be turning 17 :) and I am seriously looking into moving out of my house and away from my parents. I will have graduated high school by the time I've turned 17 so dropping out isn't a concern. I've read all the posts on this site but I've done a lot of research and would like anyones comments on it. Texas Law under the Juvenile Justice Code, Family Code title III states that a child "is a person 10 years of age or older and under 17, or a person between 17 and 18 who engaged in or is alleged to have engaged in certain conduct before becoming 17" (which isn't me) and that a missing child is defined as "a child whose whereabouts are unknown to the child's legal custodian." My parents know of where I plan on moving to but I dont have their permission but since they know where I am going, they can't file me as a missing child meaning the police cannot come and get me? In an opinion given to Senator Shapiro by Attorney General Greg Abbott in November 25 2003, the letter concluded with a summary stating "A child, including an unemancipated seventeen-year-old, who voluntarily leaves the care and control of his or her legal custodian without the custodian's consent and without intent to return is not a "missing child" under Code of Criminal Procedure chapter 63 if the custodian knows where the child is located. If the custodian determines the child's location after filing a missing child report and notifies the investigating law enforcement agency, the agency has no duty to continue the investigation or take the possession of the child and return him or her to the custodian." So if I leave and tell them where I am going to be living, they can't do anything right?
xena
02-04-2006, 06:19 AM
In a couple months I will be turning 17 :) and I am seriously looking into moving out of my house and away from my parents. I will have graduated high school by the time I've turned 17 so dropping out isn't a concern. I've read all the posts on this site but I've done a lot of research and would like anyones comments on it. Texas Law under the Juvenile Justice Code, Family Code title III states that a child "is a person 10 years of age or older and under 17, or a person between 17 and 18 who engaged in or is alleged to have engaged in certain conduct before becoming 17" (which isn't me) and that a missing child is defined as "a child whose whereabouts are unknown to the child's legal custodian." My parents know of where I plan on moving to but I dont have their permission but since they know where I am going, they can't file me as a missing child meaning the police cannot come and get me? In an opinion given to Senator Shapiro by Attorney General Greg Abbott in November 25 2003, the letter concluded with a summary stating "A child, including an unemancipated seventeen-year-old, who voluntarily leaves the care and control of his or her legal custodian without the custodian's consent and without intent to return is not a "missing child" under Code of Criminal Procedure chapter 63 if the custodian knows where the child is located. If the custodian determines the child's location after filing a missing child report and notifies the investigating law enforcement agency, the agency has no duty to continue the investigation or take the possession of the child and return him or her to the custodian." So if I leave and tell them where I am going to be living, they can't do anything right?
I really don't know whether they can do anything or not. However, I do know that until you are 18 you are a minor, which does give your parents some rights.
You appear to be well educated and intelligent, have you looked into the possibility of legal emancipation? Since you will have graduated HS you will be able to be employed well enough to prove to the court that you can support yourself. If your state allows for emancipation petitions, I would think that you would be a good candidate for it. Check it out, and good luck.
Xena :)
trishab1989
02-06-2006, 07:36 AM
they didnt misinform you mam, i moved out at the age of seventeen and a paece officer couldnt take me anywhere. they called the attorney general and even he said they couldnt take me out of they home i was in. it is true that you can get in trouble for locking your seventeen yr old son out. only because it would pretty much be abandonment. its hard to explain. im sorry about your son though.
i am 17 in 1 day i turn 17 on 2-7-2006 and i want to move out because i hate my step mom, she has a son and we get treated differently and i am tired of it. my grandparents said they would take me in if it is legal can someone help me with the situation.
my dad wont let me get a job and grow up i am ready to start doing things for my self
SoGone
02-15-2006, 09:19 AM
So if I moved out to a friends house without my parents knowing, can the police force me to go back to my parents? ASking them for any kind of emancipation or asking to move out is out of the question, but I am not sure how much longer I can stand to be under their roof. i need to know if I will get in trouble or If my friend's mom will get in trouble for taking me in asap! :confused:
pty
02-15-2006, 09:42 AM
A 17-year-old, in Texas and every other state, is a minor. You cannot legally leave home without parental consent or emancipation. If you do, your parents can file a police report. If the police refuse to bring you home, your parents can ask for a court order requiring them to do so. If anyone takes you in or assist you, then they can face charges such as harboring a runaway, contributing to the delinquency of a minor, etc.
StepDad#1
02-21-2006, 11:05 AM
I have a similar situation..a 16 yr old step daughter is a repeat runner. She would be "captured" by us or the police, sent to juvenile detention where we were required by law to retrieve her within 24 hours. Juv Det hates to see her because they know they have to deal with her for 23 hours 50 minutes. Then we bring her home, she sleeps during the day and leaves at night. This went on for far too long.
We sent her to her father's care in another state where she convinced him to allow her to return to our state to be with her boyfriend. I know you all are going to blast me and her mother, but we have struggled with her behavior for some time. We have 2 little kids at home who we prefer not to witness the arguments and police visits. We know she is into some drugs, she has spent time in rehab (at a very high expense), seen counseling but was of no help.
What is the problem? Well, it is the 19 yr old boyfriend. He is a known user/abuser/dealer of drugs. We currently have a runaway report, she is in our area, but we cannot locate her. The boys parents are helpful, but since the step daughter has returned to the area, both her and the boy have made themselves scarce.
The city police have had it, too. They ask when she turns 17, does that make a difference in our ability to report her as a runaway? How do the laws change at that age? I know our child is having sex with this 19 yr old. I call the District Atty, but was told the city police have to file the complaint. What can we do?
Thanks for any input.
xena
02-21-2006, 04:24 PM
I have a similar situation..a 16 yr old step daughter is a repeat runner. She would be "captured" by us or the police, sent to juvenile detention where we were required by law to retrieve her within 24 hours. Juv Det hates to see her because they know they have to deal with her for 23 hours 50 minutes. Then we bring her home, she sleeps during the day and leaves at night. This went on for far too long.
We sent her to her father's care in another state where she convinced him to allow her to return to our state to be with her boyfriend. I know you all are going to blast me and her mother, but we have struggled with her behavior for some time. We have 2 little kids at home who we prefer not to witness the arguments and police visits. We know she is into some drugs, she has spent time in rehab (at a very high expense), seen counseling but was of no help.
What is the problem? Well, it is the 19 yr old boyfriend. He is a known user/abuser/dealer of drugs. We currently have a runaway report, she is in our area, but we cannot locate her. The boys parents are helpful, but since the step daughter has returned to the area, both her and the boy have made themselves scarce.
The city police have had it, too. They ask when she turns 17, does that make a difference in our ability to report her as a runaway? How do the laws change at that age? I know our child is having sex with this 19 yr old. I call the District Atty, but was told the city police have to file the complaint. What can we do?
Thanks for any input.
You are being given the run around: First, as the parent of the minor you have every legal right (and responsibilty) to report the 19 yr old and DEMAND that an investigation be done. Second, you also have every right to file for a protective order against the 19 yr old, so that the next time he contacts your daughter IN ANY WAY- he can be arrested.
I also had alot of problems with my son while he was growing up, all you can do is your best and then when they become an adult just let them go knowing that it is out of your hands. Good luck.
Xena :)
friend1103
03-18-2006, 10:35 AM
okay i have a question i have a friend she is 16 yrs old and she is dating a 20 yr. old girl but its nothing sexual... and she wants to move out asa she can because her parents are mistreating her because she is gay... can she leave at 17 and will her gf get in trouble if she does?? (note her gf is not pushing her to leave she actully wants her to stay home and build a relationship with parents)... :confused:
brown13
04-17-2006, 05:41 PM
okay i have a question. my friend is 16 and she's with a 19 year old boy and she wants to move out but they're not legally allowed to be with each other right? okay another question she wants to move out because her mom doesn't support the fact that they're together and she thinks that shes allowed to move but she just wanted to make sure she couldn't get in trouble or the boyfriend.
Thanks
pty
04-17-2006, 08:01 PM
my friend is 16 and she's with a 19 year old boy and she wants to move out but they're not legally allowed to be with each other right? okay another question she wants to move out because her mom doesn't support the fact that they're together and she thinks that shes allowed to move but she just wanted to make sure she couldn't get in trouble or the boyfriend.
You didn't name your state, but I'm assuming you're in TX since the title of this thread is 'Texas moving out'.
They are legally allowed to DATE if her parents allow it. They are not allowed to have sexual contact (which is not limited merely to intercourse). No, she cannot move out at 16 unless she’s been emancipated. No judge is going to emancipate a minor so that she can live with her adult boyfriend. Just FYI, if she runaways (and she would be picked up and returned home) and boyfriend takes her in, then he could very well find himself facing charges for it. At 18, she can move anywhere she wants without parental permission.
StepDad#1
04-19-2006, 09:21 PM
I've seen and heard discussions about reprimanding a child using "reasonable discipline". As a step parent, my step child has threatened to have me charged for "unreasonable" disipline if I so much a slap her across the face. I find this hard to believe. If I cannot do that, am I expected to spank her on the behind? I truly believe that allowing her to back talk, curse, threaten, etc and NOT disciplining this child is only hurting her by allowing her to believe that behavior is appropriate. I'll take any thoughts OR legal definition of what is reasonable if any exists.
Thank you.
ceara
04-19-2006, 11:14 PM
I've seen and heard discussions about reprimanding a child using "reasonable discipline". As a step parent, my step child has threatened to have me charged for "unreasonable" disipline if I so much a slap her across the face. I find this hard to believe. If I cannot do that, am I expected to spank her on the behind? I truly believe that allowing her to back talk, curse, threaten, etc and NOT disciplining this child is only hurting her by allowing her to believe that behavior is appropriate. I'll take any thoughts OR legal definition of what is reasonable if any exists.
Thank you.
Generally, step parents are not allowed to ever lay a hand on the child for the purpose of disipline. Grounding the child, taking away possessions and/or priviledges and threatening to tell the parent is pretty much all you can do.
A child should never be slapped in the face by ANYONE. Parents have been charged with abuse for doing this to THEIR OWN children.
mommyof4
04-20-2006, 06:06 AM
I've seen and heard discussions about reprimanding a child using "reasonable discipline". As a step parent, my step child has threatened to have me charged for "unreasonable" disipline if I so much a slap her across the face. I find this hard to believe. If I cannot do that, am I expected to spank her on the behind? I truly believe that allowing her to back talk, curse, threaten, etc and NOT disciplining this child is only hurting her by allowing her to believe that behavior is appropriate. I'll take any thoughts OR legal definition of what is reasonable if any exists.
Thank you.
Noone should EVER be slapped across the face. What would be your reaction if someone slapped you? If someone slapped me, they better run.
Even those that believe in spanking (and I do under certain circumstances) realize that 16 is too old to be spanked. If she is as wild as you say, she would probably turn around and hit you back. And as a step parent, you should never physically discipline her. That just opens up a whole new can of worms for you, and I seriously doubt that it would have any positive effect on her.
Grounding (no phone, no computer, no anything), hard work around the house (think lawn care, heavy cleaning), etc are pretty good alternatives, but really, her mother needs to be the one to handle this.
Have you and her mother discussed putting her in a program like Boys' Town. There is one for girls, but I can't think of the name right now. (It may actually be called Girls' Town) It's like a reform school, but it is specifically for children that are completely beyond the control of their parents. It is NOT one of the "boot camp" programs. It's been around for a long, long time and works really well. Most kids are extremely well grounded and successful in life after spending time at the schools. Most students live at the facility and get extensive therapy, responsibility training, and help along with a full educational curriculum. They also handle drug and alcohol problemed kids. I know that scholarships are some times available if you cannot afford it. If I were you and your wife, I would seriously consider this option.
HenryMJohnson
04-20-2006, 07:47 AM
I've seen and heard discussions about reprimanding a child using "reasonable discipline". As a step parent, my step child has threatened to have me charged for "unreasonable" disipline if I so much a slap her across the face. I find this hard to believe. If I cannot do that, am I expected to spank her on the behind? I truly believe that allowing her to back talk, curse, threaten, etc and NOT disciplining this child is only hurting her by allowing her to believe that behavior is appropriate. I'll take any thoughts OR legal definition of what is reasonable if any exists.
Thank you.
My step mom slapped me across the face once. Her daughter was yelling at me telling me that my father hated me and then she agreed with her and I said no and I was going to tell him and she slapped me across the face, it was roughly 2 years ago. I won't go back and I will not see her. I didn't do anything. Also I've known her for 6 years. She isn't my mom. Or my dad. If that had ever happened a second time if I went back I would put it on file and try and do my best to get her sentenced for it. I didn't do anything. My mom or father have never slapped me. I was spanked as a child and grounded numerous times probably 3/4 of my life. I'm 16 a STRAIGHT A student and I graduate this year. I have a job and my permit. I am by far one of the most responsible people (In General) I know. and I would take her to court. (eventhough I don't know how but I'm sure there's plenty of knowledge online) and I'm sure your step-child can get ahold of that knowledge as well. Emotions can really make people get what they want to do done. I haven't seen my father since then but he's coming up to Idaho after his easter (orthodox chuch) but that's something that he has suffered with because of his wife.
mommyof4
04-20-2006, 08:34 AM
My step mom slapped me across the face once. Her daughter was yelling at me telling me that my father hated me and then she agreed with her and I said no and I was going to tell him and she slapped me across the face, it was roughly 2 years ago. I won't go back and I will not see her. I didn't do anything. Also I've known her for 6 years. She isn't my mom. Or my dad. If that had ever happened a second time if I went back I would put it on file and try and do my best to get her sentenced for it. I didn't do anything. My mom or father have never slapped me. I was spanked as a child and grounded numerous times probably 3/4 of my life. I'm 16 a STRAIGHT A student and I graduate this year. I have a job and my permit. I am by far one of the most responsible people (In General) I know. and I would take her to court. (eventhough I don't know how but I'm sure there's plenty of knowledge online) and I'm sure your step-child can get ahold of that knowledge as well. Emotions can really make people get what they want to do done. I haven't seen my father since then but he's coming up to Idaho after his easter (orthodox chuch) but that's something that he has suffered with because of his wife.I don't blame you. Nobody should EVER slap anybody across the face, even if it is your mom or dad. Period. There is NEVER asituation that calls for it. All it does is show that the "slapper" cannot control their temper.
StepDad#1
04-20-2006, 04:20 PM
I appreciate everyone's input, but I've had MANY a police officer strongly suggest physical discipline be used which is contrary to the last few comments on this thread. I would even go so far as to say that when I make the same objection to them, that is, not physically repremanding her, they insinuate I am NOT performing parental responsibility if I don't!
Let me add a little fuel to this argument. What would you do if your 16 yr old began screaming objections to being told something as simple as she cannot use the phone. Then she grabs it out of her mom's hand. When mom tries to take it back, the child tells her to f#&@ off and punches her in the head. (Yes, this has happened and yes, we've filed a police report against the child. And yes, they did nothing about it.) Next time this similar situation occurred, the 16 yr old GOT slapped. I'm not talking about a closed fist punch that breaks the skin or even bruises, but a smacking slap that didn't come close to leaving a mark.
I've been told that is within a parents' rights AND responsibilities. I know, I agree with most of you, and would not normally do this but to protect the rest of my family. Who knows what would come next?
Anyway, know that to some degree, that slap did re-arrange the child's behavior in future arguments. BUT, when she is so blatently and defiantly disrespectful AND when she threatens to harm her mother, it is no wonder we even allow her to stay in the house.
Know that when she turns 18, she will most likely be headed out the door of her own accord. Hopefully, she'll have learned a little respect.
mommyof4
04-20-2006, 04:38 PM
I appreciate everyone's input, but I've had MANY a police officer strongly suggest physical discipline be used which is contrary to the last few comments on this thread. I would even go so far as to say that when I make the same objection to them, that is, not physically repremanding her, they insinuate I am NOT performing parental responsibility if I don't!
Let me add a little fuel to this argument. What would you do if your 16 yr old began screaming objections to being told something as simple as she cannot use the phone. Then she grabs it out of her mom's hand. When mom tries to take it back, the child tells her to f#&@ off and punches her in the head. (Yes, this has happened and yes, we've filed a police report against the child. And yes, they did nothing about it.) Next time this similar situation occurred, the 16 yr old GOT slapped. I'm not talking about a closed fist punch that breaks the skin or even bruises, but a smacking slap that didn't come close to leaving a mark.
I've been told that is within a parents' rights AND responsibilities. I know, I agree with most of you, and would not normally do this but to protect the rest of my family. Who knows what would come next?
Anyway, know that to some degree, that slap did re-arrange the child's behavior in future arguments. BUT, when she is so blatently and defiantly disrespectful AND when she threatens to harm her mother, it is no wonder we even allow her to stay in the house.
Know that when she turns 18, she will most likely be headed out the door of her own accord. Hopefully, she'll have learned a little respect.
My response would be to call the police and insist they allow you to file a charge of assault. Then insist they remove her from your home. If you refuse to let her stay there, they can turn her over to CPS.
It sounds like this girl has many serious problems and needs intense professional help. Have you considered having her committed? Did you give any consideration to the reform school idea? I an trying to find the names of the ones that are recognized as being upstanding, reputable places for children in need of help.
ceara
04-20-2006, 05:11 PM
I appreciate everyone's input, but I've had MANY a police officer strongly suggest physical discipline be used which is contrary to the last few comments on this thread. I would even go so far as to say that when I make the same objection to them, that is, not physically repremanding her, they insinuate I am NOT performing parental responsibility if I don't!
Let me add a little fuel to this argument. What would you do if your 16 yr old began screaming objections to being told something as simple as she cannot use the phone. Then she grabs it out of her mom's hand. When mom tries to take it back, the child tells her to f#&@ off and punches her in the head. (Yes, this has happened and yes, we've filed a police report against the child. And yes, they did nothing about it.) Next time this similar situation occurred, the 16 yr old GOT slapped. I'm not talking about a closed fist punch that breaks the skin or even bruises, but a smacking slap that didn't come close to leaving a mark.
I've been told that is within a parents' rights AND responsibilities. I know, I agree with most of you, and would not normally do this but to protect the rest of my family. Who knows what would come next?
Anyway, know that to some degree, that slap did re-arrange the child's behavior in future arguments. BUT, when she is so blatently and defiantly disrespectful AND when she threatens to harm her mother, it is no wonder we even allow her to stay in the house.
Know that when she turns 18, she will most likely be headed out the door of her own accord. Hopefully, she'll have learned a little respect.
I know how many problems you have had with your step daughter, but ANY form of physical discipline by a step parent is VERY dangerous. The only thing that the police can control is the actions taken during or immediately after an incident has occured. If you physically discipline the girl, social services, child protective services and the family court are the ones you need to worry about. Even if the police agree with your actions, if CPS gets involved, they can and usually WILL get a warrant from the COURT for your arrest and the child's removal from the home. THe police have no choice but to take action when they are court ordered to do so.
StepDad#1
04-22-2006, 07:55 PM
The 16 yr old that is...for credit card theft and abuse...which is the least of many reasons she should be put there in my opinion. Cooler heads have prevailed with regards to the discipline. But, in the state of Texas, parents have the right and DUTY to discipline their children as they see fit...to a point, of course. And if the child strikes back, it is assault.
ceara, I have read many of your posts, and agree with you most of the time, but I cannot believe the police would misdirect me to such an extent with regard to the discipline issue. I understand corporal punishment is extreme for a 16 yr old, the last time she was belted was at 14. Since she's the type of person that acts upon precedents, once she began striking her mother, it continued. I had to put a stop to it. And did. But, I had the police step in to do it. I didn't take it upon myself.
What happened to the days when kids respected their parents. I wouldn't have even thought of even talking back to my parents when I was young or even now. Things how they have changed.
ceara
04-22-2006, 09:46 PM
The 16 yr old that is...for credit card theft and abuse...which is the least of many reasons she should be put there in my opinion. Cooler heads have prevailed with regards to the discipline. But, in the state of Texas, parents have the right and DUTY to discipline their children as they see fit...to a point, of course. And if the child strikes back, it is assault.
ceara, I have read many of your posts, and agree with you most of the time, but I cannot believe the police would misdirect me to such an extent with regard to the discipline issue. I understand corporal punishment is extreme for a 16 yr old, the last time she was belted was at 14. Since she's the type of person that acts upon precedents, once she began striking her mother, it continued. I had to put a stop to it. And did. But, I had the police step in to do it. I didn't take it upon myself.
What happened to the days when kids respected their parents. I wouldn't have even thought of even talking back to my parents when I was young or even now. Things how they have changed.
I don't think the police were intentionally misleading. They just didn't give you the WHOLE story as to what can happen when a step parent physically disciplines a step child. It's not so much the police department that is the problem. Generally, most police officers can easily tell the difference between discipline and abuse. They would, in your situation, see a slap on the face for what it was, a completely justifiable form of discipline. Yours is that one in a million case where it truely could be called for. But, the police wouldn't be the problem. Your step daughter would most likely call child protective services. They operate by a different set of rules. They can and most likely would get a warrant to arrest you for child abuse by a judge. The police would then have no choice but to arrest you.
I know we've talked about your step daughter in the past and honestly, know what I know about your situation (the things that aren't just readily known by everyone else here) I would have a hard time not smacking her in the mouth a time or two if I were in your shoes.
I didn't say anything sooner because I didn't know how much of the situation YOU wanted people to know about the situation. But now, I do want to say a few things in YOUR defense.
By absolutely NO definition is your step daughter going through the normal teenage crap that most parents deal with. This child has put her mother and you through hell, yet all the while you have stayed right there by her side and gone above and beyond what many PARENTS would do to help this child, let alone what a step parent would normally tolerate.
From what I have seen, you and your wife have invested everything you have, love, time, effort and money, into saving this girl from herself to no avail. More then once, she has taken off, giving you an easy out if you wanted it. But every time, you have done what ever it took to bring her home and get professional help for her, only to see her turn around and make the same mistakes again.
The remarks others have made to you would apply to 99.99% of all cases. Unfortunately, you are in that .01% where it doesn't apply.
Stepdad, you and your wife are in my thoughts. I really hope that some day your step daughter will get herself turned around and realize how much both her mother and even more so you, have done to help her and to just be there for her when nothing you could do actually worked.
StepDad#1
04-24-2006, 08:47 AM
for your understanding (and intuitive insightfulness). If you are a Christian, your prayers are also welcome. Know that we are also busy raising a 7 and 4 yr old. The 4 of us went to church yesterday, without the teenager who left us once again during the night Friday. She is to turn 17 in a couple weeks.
I think I'll call another lawyer to see if there is some way to insist the authorities make the 19 yr old accountable for my child's delinquency.
joflava1
04-25-2006, 07:02 AM
Hi,
My mother wants me emancipated when i turn 17 in a couple of weeks. It does not really whether i am or not.But if i am can i stay with relatives ?And can get my drivers licence without my mother permission if a do become emancipated?
mommyof4
04-25-2006, 07:06 AM
Hi,
My mother wants me emancipated when i turn 17 in a couple of weeks. It does not really whether i am or not.But if i am can i stay with relatives ?And can get my drivers licence without my mother permission if a do become emancipated?
It does matter to the court if you do not have the means to support yourself, have no place to live and do not have the maturity to be on your own. You mother has the responsibility to financially support you until you are at least 18. Why does your mother want you to be emancipated? If, for some reason, she just does not want you living in her home (how cold) she can relinquish guardianship to another responsible, trusted adult, if the other adult is willing. She will still be responsible to financially support you, though.
Big sister
04-25-2006, 07:24 AM
Your daughter does need help.
Slapping is a BAD idea. The last time my mom did that I hit her, and I think it really shook her up. But she still does it to my brothers occasionally.
Spanking is also a BAD idea once the child's gotten older. Dr. Dobson reccomends stopping at the age of 6-7.
Especially if you have younger children, don't smack. It's impossible to articulate the fury the comes out in a kid when a sibling gets cracked across the face. It has something to do with the siblings code that they can beat eachother up but if anyone else does there'll be hell to pay.
HenryMJohnson
04-25-2006, 07:30 AM
Your daughter does need help.
Slapping is a BAD idea. The last time my mom did that I hit her, and I think it really shook her up. But she still does it to my brothers occasionally.
Spanking is also a BAD idea once the child's gotten older. Dr. Dobson reccomends stopping at the age of 6-7.
Especially if you have younger children, don't smack. It's impossible to articulate the fury the comes out in a kid when a sibling gets cracked across the face. It has something to do with the siblings code that they can beat eachother up but if anyone else does there'll be hell to pay.
I replied to him a few times and deleted my replies.
because I sounded rude and ignorant for not knowing the whole situation and replying to something I couldn't myself fully comprehend so it's best to let ceara just talk to him because she knows alot more on the situation then you do. It isn't just a slap for something stupid I've had that done to me by a step-parent but this is a diferent situation so it's best not to speak when you don't know anything of it.
joflava1
04-25-2006, 07:46 AM
It does matter to the court if you do not have the means to support yourself, have no place to live and do not have the maturity to be on your own. You mother has the responsibility to financially support you until you are at least 18. Why does your mother want you to be emancipated? If, for some reason, she just does not want you living in her home (how cold) she can relinquish guardianship to another responsible, trusted adult, if the other adult is willing. She will still be responsible to financially support you, though.
My mother and i have never really gotten along. If i wanted to i would be fully able to support myself. We both have a mutal understanding on this subject but i still had a couple i just nedded ansewered before i was fully willing to go through with this procedure.
mommyof4
04-25-2006, 08:00 AM
My mother and i have never really gotten along. If i wanted to i would be fully able to support myself. We both have a mutal understanding on this subject but i still had a couple i just nedded ansewered before i was fully willing to go through with this procedure.
Okay:
1. in order to be considered a good candidate for emancipation, a minor must show the court that he or she has a job and the means to support him or herself, including, but not limited to rent, utilities, food, med. expenses, insurance, etc.
2. The minor must have a place to live that is not with other relatives or friends and/or their family.
3. The minor must be able to show the court that they are a mature, responsible person that does not have a propensity for trouble. (no criminal record, maintaining good grades, etc.)
4. There must be a very good reason to be granted emancipation. Just not lliking your mother is not a good reason.
5. In order to be emancipated, it must be determined that to continue living in your current situation is detrimental to you.
This information is all on the assumption that your state allows for emancipation. Some have no statutes or provisions, at all.
As to the driver's license, if the statutes state that no person under 18 may recieve a driver's license, then it won't matter if you are emancipated, or not. If you are able to be issued a driver's license at 16, then yes you can, but you can legally get your license without being emancipated, too. (Of course, while the state can legally issue a license, you still have to have your parent's permission. But that goes for anything.) Any restrictions that may be placed on a driver's license for a new or young driver will apply to an emancipated minor, also. Being emancipated has no bearing on any other age of majority issues. At 17, whether you live at home, or are declared legally emancipated, you cannot vote, drink, own a gun, or anything else you are not permitted to do until you have met the age requirements.
Big sister
04-25-2006, 09:28 AM
I replied to him a few times and deleted my replies.
because I sounded rude and ignorant for not knowing the whole situation and replying to something I couldn't myself fully comprehend so it's best to let ceara just talk to him because she knows alot more on the situation then you do. It isn't just a slap for something stupid I've had that done to me by a step-parent but this is a diferent situation so it's best not to speak when you don't know anything of it.
Well, I definitly don't want to come across as rude or know-it-all. Henry, I know his particular situation is way beyond anything I've known. And if I was in his position I probably would be completely bonkers!
I do know that slapping in general, is not helpful.
abdul04
05-28-2006, 10:26 PM
Hey guys, i reallly neeed some advice.....my girlfriend is 17 and 6 mnths, and I am 20 in Texas. We both really love each other and decided we needed to let our parents know what was going on, and see if they'd agree to allow us to marry. Well her parents werent too happy about the fact she was seeing me, and didn't want to listen to what she had to say. They came to my office and caused a scene about me seeing their daughter and since then i've jus really havent seen her in person except for speaking by phone. Well her parents decided that they wanted to force her into a marriage that they knew she objected to, and to get me out of the picture, they are planning to report me to the police. They are also trying to force her to lie to the police that I forced her to do things she didnt want to do, and that she tried to fight me off, UNTRUEEEE!!! I have always treated her with respect! She told me that she will tell the police the truth that I didnt nothing of that nature! Today she parents called her all the curses in the book u can think about, they even mentioned she had no self respect, as in she would get down with anyone, then they slapped her(thats all she said they did, but i dunno i think they hit her more) :mad: she's not like that :(.... They also have been goin around to other people and talking trash about my family and me. My girlfriend is reallly stressed, her parents have cut all the phone lines and internet in the house, the only way she can talk to me is b/c i gave her a cell that her rents do not know about. They mentioned to her today as well that they made their final decision, which is that she can do whatever she wants and they wont care...They also told her that she can go live with me if she wants. So WHAT do I do!!???!!! She can't stand being home anymore, and they told her that they will take her to the hospital on monday to get tested to see if she's done anything with me, and after the test they are not going to take her back home, no matter what the results say :eek: ......so PLZZZZZZZZZzz someone help!!!!! you can also reach on by email at abdulwahab2004@hotmail.com
mommyof4
05-30-2006, 07:20 AM
Hey guys, i reallly neeed some advice.....my girlfriend is 17 and 6 mnths, and I am 20 in Texas. We both really love each other and decided we needed to let our parents know what was going on, and see if they'd agree to allow us to marry. Well her parents werent too happy about the fact she was seeing me, and didn't want to listen to what she had to say. They came to my office and caused a scene about me seeing their daughter and since then i've jus really havent seen her in person except for speaking by phone. Well her parents decided that they wanted to force her into a marriage that they knew she objected to, and to get me out of the picture, they are planning to report me to the police. They are also trying to force her to lie to the police that I forced her to do things she didnt want to do, and that she tried to fight me off, UNTRUEEEE!!! I have always treated her with respect! She told me that she will tell the police the truth that I didnt nothing of that nature! Today she parents called her all the curses in the book u can think about, they even mentioned she had no self respect, as in she would get down with anyone, then they slapped her(thats all she said they did, but i dunno i think they hit her more) :mad: she's not like that :(.... They also have been goin around to other people and talking trash about my family and me. My girlfriend is reallly stressed, her parents have cut all the phone lines and internet in the house, the only way she can talk to me is b/c i gave her a cell that her rents do not know about. They mentioned to her today as well that they made their final decision, which is that she can do whatever she wants and they wont care...They also told her that she can go live with me if she wants. So WHAT do I do!!???!!! She can't stand being home anymore, and they told her that they will take her to the hospital on monday to get tested to see if she's done anything with me, and after the test they are not going to take her back home, no matter what the results say :eek: ......so PLZZZZZZZZZzz someone help!!!!! you can also reach on by email at abdulwahab2004@hotmail.com
Okay, I'm a bit confused. Her parents are now kicking her out, AFTER they have kept you seperaated from each other? If they are allowing her to do whatever she wants, why don't they just consent to the marriage? Something does not add up. The only thing I can tell you is that LEGALLY, she cannot be forced into a marriage, no matter WHAT culture she is from. LEGALLY, she cannot be kicked out of her home until she is 18. If she wants to move out, and her parents give their consent, she can leave, but her parents will still be completely responsible for her until she is 18.
ceara
05-30-2006, 07:45 PM
Okay, I'm a bit confused. Her parents are now kicking her out, AFTER they have kept you seperaated from each other? If they are allowing her to do whatever she wants, why don't they just consent to the marriage? Something does not add up. The only thing I can tell you is that LEGALLY, she cannot be forced into a marriage, no matter WHAT culture she is from. LEGALLY, she cannot be kicked out of her home until she is 18. If she wants to move out, and her parents give their consent, she can leave, but her parents will still be completely responsible for her until she is 18.
He started his own thread that explains it in more detail.
It sounds like this girl is in a really screwed up situation.
Thanks. :o I saw it AFTER I responded to this. Got it straight, now. :)
confused232
06-10-2006, 09:29 PM
As to the driver's license, if the statutes state that no person under 18 may recieve a driver's license, then it won't matter if you are emancipated, or not.
NO state requires a person to be 18 to be issued a driver's license.
abdul04
06-11-2006, 11:53 AM
Well i really thank everyone esp mommmyof4 for all the help!! We have decided that she is goin to leave her house around July 2nd, to allow me appropriate time to take care of paper work. I actually ended up speaking with the Harris County DA, and a lawyer by the name is Ellen Yarrell, she handled the case of the Olympic gymnist with emanciapation. So If i may ask everyone one last thing, and that is for their prayers!!
mommyof4
06-12-2006, 02:27 PM
NO state requires a person to be 18 to be issued a driver's license.
Actually, yes if a person is under 18, the minor must have parental (legal guardian) consent to obtain a driver's license. Just as with everything else, if a person is a minor, they are allowed to do what their parent or guardian deems acceptable, as long as it is legal.
mommyof4
06-12-2006, 02:28 PM
Well i really thank everyone esp mommmyof4 for all the help!! We have decided that she is goin to leave her house around July 2nd, to allow me appropriate time to take care of paper work. I actually ended up speaking with the Harris County DA, and a lawyer by the name is Ellen Yarrell, she handled the case of the Olympic gymnist with emanciapation. So If i may ask everyone one last thing, and that is for their prayers!!
Good luck to her (and you). I will most certainly keep her in my thoughts and prayers. I am glad that you were able to find someone that can help her LEGALLY escape this situation.
joflava1
07-02-2006, 12:37 AM
i am a 17 male living at home with my mother. she has agreed to have me emancipated. i am currently working two jobs and make enough money to support myself. but the problem is i have nowhere to go untill to emancipation papers come through, because i cannot get an aprtment legally until im emancipated.is there any way to get around this and where do i get the proper paper from and how long does it take for the whole process.
confused232
07-02-2006, 09:48 AM
i am a 17 male living at home with my mother. she has agreed to have me emancipated. i am currently working two jobs and make enough money to support myself. but the problem is i have nowhere to go untill to emancipation papers come through, because i cannot get an aprtment legally until im emancipated.is there any way to get around this and where do i get the proper paper from and how long does it take for the whole process.
It would be legal if she gave permission for you to live in the apartment. You would need to find a co-signer since you are still a minor (until you are emancipated) to sign the apartment lease.
Although Texas does not require 17-year-olds to already be living away from their parent/guardian to qualify for removal of the disabilities of minority (this is, however a requirement for 16-year-olds), it would help your case alot.
How long until you turn 18? Removal of the disabilities of minority might be a waste of time and money.
ceara
07-02-2006, 03:21 PM
It would be legal if she gave permission for you to live in the apartment. You would need to find a co-signer since you are still a minor (until you are emancipated) to sign the apartment lease.
Although Texas does not require 17-year-olds to already be living away from their parent/guardian to qualify for removal of the disabilities of minority (this is, however a requirement for 16-year-olds), it would help your case alot.
How long until you turn 18? Removal of the disabilities of minority might be a waste of time and money.
Even if a person under 18 is legally emancipated, they will have a VERY hard time finding any apartment worth living in. Owners and managers are violating any fair housing and/or discrimination laws by refusing to allow a person under 18 to live on their property alone. Many larger and/or nicer complexes set the age requirement to 21 and in popular vacation areas it can be as high as 25-30.
We lived in a very popular beach vacation destination when I was married. I had a very hard time finding a rental house to live in while we were house hunting because I was only 24. The fact that I was married and had a child, with another on the way, made no difference.
confused232
07-02-2006, 05:35 PM
Even if a person under 18 is legally emancipated, they will have a VERY hard time finding any apartment worth living in. Owners and managers are violating any fair housing and/or discrimination laws by refusing to allow a person under 18 to live on their property alone. Many larger and/or nicer complexes set the age requirement to 21 and in popular vacation areas it can be as high as 25-30.
We lived in a very popular beach vacation destination when I was married. I had a very hard time finding a rental house to live in while we were house hunting because I was only 24. The fact that I was married and had a child, with another on the way, made no difference.
Yes. I know of at least one specific apartment complex here in Fort Worth where you have to be 25 because they don't want TCU students renting there.
ceara
07-02-2006, 06:14 PM
Yes. I know of at least one specific apartment complex here in Fort Worth where you have to be 25 because they don't want TCU students renting there.
I forgot about the "college towns". I can understand why the owners and management make these restrictions though. Unfortunately, if the rule is no one under 25 or 21 or 18, they have to apply it across the board without exception. To do otherwise would be considered housing discrimination.
pty
07-02-2006, 06:40 PM
I imagine there are several ways for landlords to get out of renting to minors. In the town that I live in (not in TX) most apartment complexes (and individual landlords) will not rent to someone unless they have established credit or have a co-signer who has established credit. I ran into this problem when I first moved here. I was a legal adult, did not have anything negative on my credit report, but I didn’t have established credit--no credit cards, no loans, etc. I had an awful time trying to find a place to rent. Then again, that was 20 years ago, so maybe it's changed since then, but I doubt it.
ceara
07-02-2006, 08:31 PM
I imagine there are several ways for landlords to get out of renting to minors. In the town that I live in (not in TX) most apartment complexes (and individual landlords) will not rent to someone unless they have established credit or have a co-signer who has established credit. I ran into this problem when I first moved here. I was a legal adult, did not have anything negative on my credit report, but I didn’t have established credit--no credit cards, no loans, etc. I had an awful time trying to find a place to rent. Then again, that was 20 years ago, so maybe it's changed since then, but I doubt it.
I think it's actually gotten WORSE. While I was still married I had a hard time find a rental house or apartment because the credit check showed that I was married and the divorce was no where close to being finalized. A couple of managers explained that "separated" spouses are a big risk for them because they either get back together and break the lease or the divorce causes financial problems and they have trouble paying the rent.
surfer_rok_chick
07-04-2006, 10:04 AM
i'm 16 going to be 17 this year and i'm a junior in high school. after this school year during the summer i want to move out of my parents house but i won't turn 18 until november.i only have about 5-6 months until i turn 18. so what could i do to be able to move out?
pty
07-04-2006, 10:57 AM
i'm 16 going to be 17 this year and i'm a junior in high school. after this school year during the summer i want to move out of my parents house but i won't turn 18 until november.i only have about 5-6 months until i turn 18. so what could i do to be able to move out?
So you’re talking about moving out after you finish school, right? Have you asked your parents for permission? Graduating high school is not an emancipating event, but many parents would not have a problem allowing their child to move out in that situation (just a few months shy or being a legal adult, but is out of school, has a job, etc).
surfer_rok_chick
07-04-2006, 12:13 PM
actually i wanted to do it before i graduated. i have a job right now and if i move out i'm going to stay in school just not the one i'm going to right now. i just wanted to see if it as possible to do it really. i'm not too sure about asking my mom about it yet until i'm sure i want to move out.
ceara
07-04-2006, 02:24 PM
actually i wanted to do it before i graduated. i have a job right now and if i move out i'm going to stay in school just not the one i'm going to right now. i just wanted to see if it as possible to do it really. i'm not too sure about asking my mom about it yet until i'm sure i want to move out.
What state do you live in?
surfer_rok_chick
07-04-2006, 05:23 PM
i live in texas
mommyof4
07-10-2006, 01:14 PM
Im 15 years old going to be 16 in 2 months. I want to move out next year when i turn 17 years old live with my friend and her family, we are also cousins though as well. My family drives me insane and her parents said its ok if i move in with them. I haven't told my parents about it yet.
Well, when you are 18 (2 years) you may live wherever you want. Unless your parents give consent for you to move out, you will be living with them for 2 years and 2 months. Even if they do consent, they will still be legally and financially responsible for you.
WickedStepmother
07-12-2006, 12:04 PM
:confused: I live in Texas and my son who will be 17 in August says he does not have to live at home if he doesn't want to. I tried to find out what the law says about this situation but I did not get very clear answers.
According to the juvenile probation officer I spoke with, in Texas a 17 year old CAN move out but if they do something stupid their parents are still legally liable until the kid turns 18. Also, they warned me not to lock my son out of the house because according the law, at 17 he can stay out as long as he wants and his parents cannot deny him entry to their home or they will be breaking the law. The person I spoke with did not know if I have a legal obligation to provide food and clothing to my 17 yr old if he leaves home. They suggested I contact an attorney.
I am very frustrated with this situation. My son has not had any legal troubles yet but it is only a matter of time because I know he smokes cigarettes and drinks alcohol and may be using pot. He thinks he is smart because he hasn't gotten caught and that I should be proud of him for not have a criminal record.
The situation is coming to a head because his father and I are moving this summer (still within Texas) and my son does not want to relocate. However, I don't want him to move out if I can be arrested or sued because of something he does when he is not living in my home.
I would appreciate any information about the family code in Texas, especially if you can provide a source I can check. What I have been told so far is inconsistent with some of the information presented in this thread.
Thank you!
TexasMom, I have a situation VERY similar to yours. I'm married to a man who had three sons with his first wife. The sons are now 18.5, nearly 17, and nearly 16. The middle one will be 17 on August 21 and I cannot even begin to describe the trouble we've had with him, only to say that I'm afraid many here will understand all too well what we've gone through with him. Drugs, law trouble (assault charge), probation, rehab, psych treatment, alternative schooling...we've been there, done that, and the most recent stint in rehab is going to cost us nearly $4000.
Once he got off probation in the beginning of June, we were afraid he'd run, and he did. He's run away numerous times before. His mother lives in Colorado and sent him back to his dad when she couldn't deal with him anymore. We reported him missing, and the police picked him up a couple of weeks ago. Almost immediately, he ran away again, although it was more like he went to a friend's and just stopped coming home.
He showed up the other night at 1 am and said he had nowhere to sleep, so we let him in. I didn't exactly appreciate him treating our house like a hotel, checking in and out when he liked. I emailed him yesterday (he has a Yahoo address) and told him that we needed to know what his plans were regarding school. Did I mention that he only has enough credits to be a sophomore? He should be entering his senior year, but he's failed the 9th grade three times.
He responded and said his plans were to drop out of school, period, end of discussion. Ask.com led me to this thread, which I sent him a link to because I thought he ought to see what his legal rights (and ours) were.
TexasMom, I really don't have any advice. I wish I did. In fact, I'd be terribly grateful for any light anyone could shed on my problem!
TerrynShaf
07-31-2006, 08:19 PM
When my father was 16 years old, he met a women. They had a baby girl together, but 2 years later, he left for the navy, and when he came back, the mother and daughter were nowhere to be found. So he didn't bother looking for the next 14 years. That 15th year he found her. She was at the age of 16, and I was 13 when we first met. We began to talk alot, but we could only visit each other on Holidays, etc., because she lived in Nebraska with her mother, and I lived in Texas with my father. So we didn't get to see each other that much. 1 month before her 18th birthday she got into a terrible accident while heading to a soccer game to coach her younger brothers. I was devastated. I kept in touch with her mother, and I visit her often. I'll be 17 in 2 months. As I visited in Nebraska with my sisters mother, we came up with a plan. Since my father is struggling with no job, right now (we aren't poor people, but we aren't rich), I thought that at age 17, I could move out, and be welcomed by my sisters mother in Nebraska. I know many, many people up there, and all I would have to do is pay for Clothes, shoes, stuff I needed for school, and finish my last 2 years of school in Lincoln, where my sister last spent her years. My question is, am I eligable to move out at the age of 17, without having to ask my father for permission? It's not that I don't want to be with my father, it's just that I feel more surrounded by LOVE while I'm in Nebraska, rather than in Texas. I love my father to death, as well as my mother, but I think it would be a great idea for me to work on school, as well as keep a job, to pay for anything I needed while I was up there. I plan to attend college up there, after I finish High School, if I cannot move out at age 17, anyway.
ceara
08-01-2006, 05:43 AM
When my father was 16 years old, he met a women. They had a baby girl together, but 2 years later, he left for the navy, and when he came back, the mother and daughter were nowhere to be found. So he didn't bother looking for the next 14 years. That 15th year he found her. She was at the age of 16, and I was 13 when we first met. We began to talk alot, but we could only visit each other on Holidays, etc., because she lived in Nebraska with her mother, and I lived in Texas with my father. So we didn't get to see each other that much. 1 month before her 18th birthday she got into a terrible accident while heading to a soccer game to coach her younger brothers. I was devastated. I kept in touch with her mother, and I visit her often. I'll be 17 in 2 months. As I visited in Nebraska with my sisters mother, we came up with a plan. Since my father is struggling with no job, right now (we aren't poor people, but we aren't rich), I thought that at age 17, I could move out, and be welcomed by my sisters mother in Nebraska. I know many, many people up there, and all I would have to do is pay for Clothes, shoes, stuff I needed for school, and finish my last 2 years of school in Lincoln, where my sister last spent her years. My question is, am I eligable to move out at the age of 17, without having to ask my father for permission? It's not that I don't want to be with my father, it's just that I feel more surrounded by LOVE while I'm in Nebraska, rather than in Texas. I love my father to death, as well as my mother, but I think it would be a great idea for me to work on school, as well as keep a job, to pay for anything I needed while I was up there. I plan to attend college up there, after I finish High School, if I cannot move out at age 17, anyway.
You can't LEGALLY move without your parents' (both dad and MOM) approval or a court order until you are 18, irregardless of whether or not you have graduated from High School. You would not be eligible for legal emancipation because your plan is to move in WITH someone. To be emancipated, the first of many requirement is that you be COMPLETELY self supporting and can financially afford to pay for housing, utilities, food, clothing, etc. If you were to move to Nebraska without your parents permission and live with your half sister and her family, they could end up being in serious legal trouble. Since you would be crossing state line, it could become a federal issue.
confused232
08-03-2006, 08:34 PM
OK...on this subject (moving out at 17 in TX), I have read over all the statutes and both of the attorney general's opinions that I could find on the matter. I have analyzed it and have now come up with my own opinion.
In Texas, a 17-year-old is in a confusing age category. This is because they are an adult for criminal purposes but still a minor for civil purposes (including family law). For civil purposes, the cutoff is between 17 and 18. For criminal purposes, the cutoff is between 16 and 17.
Under the missing persons statute, a "minor" is any person under 18. Under the juvenile justice code (including the "offense" of running away), a "minor" is any person under 17.
In Texas, a 17-year-old (or a minor of any age) is NOT a "missing child" if the parents know the child's whereabouts. Texas Statutes states that law enforcement may take custody of a missing child. So, if the parents of the 17-year-old report the child as a runaway and they do not know the child's whereabouts, the 17-year-old may be taken into custody by law enforcement.
This is where it gets interesting. Texas Statutes also says that law enforcement may take into custody any delinquent child or child in need of supervision. A 16-year-old (or under) who leaves home without parental consent "for an extended period of time or without the intent to return" is a child in need of supervision. A 17-year-old is NOT, however, considered a child in need of supervision for anything they did AFTER turning 17 under any circumstances as they are no longer under juvenile court jurisdiction.
Therefore, a 17-year-old may be taken into custody if the parents do not know the child's whereabouts, but NOT if the parents do know the child's whereabouts. A 16-year-old or under may be taken into custody under the missing persons statute if the parents do not know the child's whereabouts AND if the parents do know the child's whereabouts because the child would have committed the juvenile offense of running away and would be a "child in need of supervision."
If a 17-year-old is taken into custody when the parents do not know his or her whereabouts, they are only to be simply returned to their parents. There is no possibility of facing any charge for any juvenile offense, because 17-year-olds are not under juvenile court jurisdiciton. A 16-year-old (or younger) taken into custody when the parents do OR do not know his or her whereabouts can face probation, boot camp, or other punishments from the juvenile court.
This is only my interpretation...but the more I think about it the more sense it makes.
mommyof4
08-07-2006, 05:18 AM
OK...on this subject (moving out at 17 in TX), I have read over all the statutes and both of the attorney general's opinions that I could find on the matter. I have analyzed it and have now come up with my own opinion.
In Texas, a 17-year-old is in a confusing age category. This is because they are an adult for criminal purposes but still a minor for civil purposes (including family law). For civil purposes, the cutoff is between 17 and 18. For criminal purposes, the cutoff is between 16 and 17.
Under the missing persons statute, a "minor" is any person under 18. Under the juvenile justice code (including the "offense" of running away), a "minor" is any person under 17.
In Texas, a 17-year-old (or a minor of any age) is NOT a "missing child" if the parents know the child's whereabouts. Texas Statutes states that law enforcement may take custody of a missing child. So, if the parents of the 17-year-old report the child as a runaway and they do not know the child's whereabouts, the 17-year-old may be taken into custody by law enforcement.
This is where it gets interesting. Texas Statutes also says that law enforcement may take into custody any delinquent child or child in need of supervision. A 16-year-old (or under) who leaves home without parental consent "for an extended period of time or without the intent to return" is a child in need of supervision. A 17-year-old is NOT, however, considered a child in need of supervision for anything they did AFTER turning 17 under any circumstances as they are no longer under juvenile court jurisdiction.
Therefore, a 17-year-old may be taken into custody if the parents do not know the child's whereabouts, but NOT if the parents do know the child's whereabouts. A 16-year-old or under may be taken into custody under the missing persons statute if the parents do not know the child's whereabouts AND if the parents do know the child's whereabouts because the child would have committed the juvenile offense of running away and would be a "child in need of supervision."
If a 17-year-old is taken into custody when the parents do not know his or her whereabouts, they are only to be simply returned to their parents. There is no possibility of facing any charge for any juvenile offense, because 17-year-olds are not under juvenile court jurisdiciton. A 16-year-old (or younger) taken into custody when the parents do OR do not know his or her whereabouts can face probation, boot camp, or other punishments from the juvenile court.
This is only my interpretation...but the more I think about it the more sense it makes.
I actually spoke to an officer whose "job" (passion and calling, really) is to work with runaways. Even at the age of 17, in Dallas at least, if the teenager leaves, even if the parents know where the teen is ( it makes it easier for the cops) if and when the parents call and report the teen has left, the teen WILL be picked up. A warrant is issued for the teen. I asked her solely BECAUSE of this confusion. There is actually a really cool center for teens that run away (there are more, but she works at this specific center) that if the teen is deemed to run away again because of family dynamics and issues, the teen will be ordered (by a judge) to remain for up to 30 days while attending counseling sessions and family counseling. Until they are 18, the final word is (in Dallas) that they WILL be picked up and returned home or to the center. By the way, a warrant is actually issued and the teen is actually arrested. And ANYONE the teen stays with will be charged, also.
confused232
08-07-2006, 05:41 PM
I actually spoke to an officer whose "job" (passion and calling, really) is to work with runaways. Even at the age of 17, in Dallas at least, if the teenager leaves, even if the parents know where the teen is ( it makes it easier for the cops) if and when the parents call and report the teen has left, the teen WILL be picked up. A warrant is issued for the teen. I asked her solely BECAUSE of this confusion. There is actually a really cool center for teens that run away (there are more, but she works at this specific center) that if the teen is deemed to run away again because of family dynamics and issues, the teen will be ordered (by a judge) to remain for up to 30 days while attending counseling sessions and family counseling. Until they are 18, the final word is (in Dallas) that they WILL be picked up and returned home or to the center. By the way, a warrant is actually issued and the teen is actually arrested. And ANYONE the teen stays with will be charged, also.
I don't doubt you mommyof4. But, how is this within what the law allows?
ceara
08-07-2006, 07:56 PM
I don't doubt you mommyof4. But, how is this within what the law allows?
It was the FORMER Attorney General's OPINION that the law allowed for a 17 year old to "runaway" without repercussion. However, that was only his interpretation of the law. He is no longer the AG, so his OPINION no longer has any weight within the judicial system. Even when he was still in office, a parent could easily get an order, signed by a JUDGE, to override any law enforcement official that chose to stand behind the opinion of the attorney general.
The actual LAW states that anyone under 18 is a minor. The problem started because it was determined that a 17 year old would be treated as an adult as far as criminal matters are concerned.
When Cornyn issued his opinion, it actually caused a spike in crimes committed by 17 year old delinquents. The reason being was that many law enforcement agencies stood behind the AG opinion and stopped picking up and returning 17 year old runaways to their parents. Then you end up with a 17 year old with no respect for authority.
I realize that there are SOME teens that runaway from home for valid reasons. However, the majority of kids runaway because they simply don't want to follow the rules at home. Once these teens are out on their own, they see no reason to follow the LAW either. They figure that since they can get out of follow the law laid down by mom & dad, they can get away with breaking the law out in the real world.
What MO4 described is not exclusive to the Dallas area. While there are still law enforcement agencies that have a policy of NOT returning 17 year olds, a parent can easily have a court ORDER the police to pick up and return the child.
confused232
08-10-2006, 09:13 AM
It was the FORMER Attorney General's OPINION that the law allowed for a 17 year old to "runaway" without repercussion. However, that was only his interpretation of the law. He is no longer the AG, so his OPINION no longer has any weight within the judicial system. Even when he was still in office, a parent could easily get an order, signed by a JUDGE, to override any law enforcement official that chose to stand behind the opinion of the attorney general.
The actual LAW states that anyone under 18 is a minor. The problem started because it was determined that a 17 year old would be treated as an adult as far as criminal matters are concerned.
When Cornyn issued his opinion, it actually caused a spike in crimes committed by 17 year old delinquents. The reason being was that many law enforcement agencies stood behind the AG opinion and stopped picking up and returning 17 year old runaways to their parents. Then you end up with a 17 year old with no respect for authority.
I realize that there are SOME teens that runaway from home for valid reasons. However, the majority of kids runaway because they simply don't want to follow the rules at home. Once these teens are out on their own, they see no reason to follow the LAW either. They figure that since they can get out of follow the law laid down by mom & dad, they can get away with breaking the law out in the real world.
What MO4 described is not exclusive to the Dallas area. While there are still law enforcement agencies that have a policy of NOT returning 17 year olds, a parent can easily have a court ORDER the police to pick up and return the child.
Some states define everyone under a certain age as a minor for all purposes automatically. Texas does not. Vernon's Civil Texas Statutes says "the age of majority in this state is 18 years." That only has to do with the ability to contract and NOTHING else.
Certain other statutes define a "minor" as under 17 or even as under 21.
Now, there is a part of the Family Code that states "a parent has the right to the possession of his or her child under 18" or something like that.
And, actually, the opinion from the FORMER attorney general in 2000 was that the 17 year old COULD be returned almost under all circumstances. Greg Abbott in 2003 said that they could NOT be in some situations, so that is actually more recent. That said, I'm honestly not sure if Greg Abbot is still the AG in Texas.
mommyof4
08-10-2006, 09:39 AM
Well, I tell you what...you hold onto your opinion. I am going to go by what I was told by the officer that does this every day. The fact is that there is NO state that considers a 17 year old to be an adult EXCEPT for criminal prosecution purposes. The only state that I KNOW that a 17 year old can leave and not be forced home is Missouri. (That is going to change soon, if public sentiment is anything to go by. There are MANY petitions to change the law). In TX, if you are under 18 and you leave home, you CAN be forced to return home. It may be a pain in the butt to get it done, but it can be done.
dkbeaver
08-14-2006, 11:21 PM
My daughter has a 16 year old stepdaughter that believes she can do anything she wants. She stays out late and comes home when she wants to. She sleeps over at her 21 year old boy friends parent's house without informing anyone of her whereabouts. Her interfering grandparents have given her a car and a cell phone so her parents can't even use those items as leverage. The grandparents believe every word this girl tells them about how abusive her family is to her. [I know this is a lie] The girls father does not like confrontation and is no help disciplining the child. My daughter feels its not her place to make decisions or discipline this girl and this girl is making her life miserable and driving her crazy.
Recently the stepdaughter and my daughter got into an argument and the stepdaughter packed a bag and went to stay at her grandmothers house. My daughter tried repeatedly to get the girl to answer her cell phone or return her text messages so she could talk to her about this but the stepdaughter refused to answer and ignored her. I invited my daughter and her family to spend a week at the beach with us last week and while we were gone the step daughter decided to return home. She broke a back window out since she didnt have a house key. She let herself into the house intending to stay there without supervision for the week we were gone. She told her grandmother she was staying with a friend. A "helpful" neighbor called my daughter on her cell phone and told her about it. My daughter tried to get the girl to answer one of the phones at the house and she wouldn't. My daughter then called the police and they told her that she and her husband had abandoned the child and they were going to talk to him about it when we get home! My daughter has 2 small children of her own to take care of and she has tried to stay out of this but now the grandparents are talking about calling CPS and reporting both of them for child abandonment and abuse. Before we got back from the beach the girl stole money and jewelry from my daughters room and then she left to stay at her grandparents. We have not seen her since and she does not answer her phone. My daughter is very upset and doesn't know what to do and I don't know what to tell her. We don't have experience with people that do stuff like this. What are her legal responsibilities? Should she make her come back home even if she is driving everyone crazy? Do the grandparents have any rights? I think they only want the social security check my son in law gets for her, [her mother is deceased]. Can he take away a car or phone that doesn't belong to him? Can he forbid contact with the grandparents? School started today and my daughter has no idea if the stepdaughter is attending school in our small town or if she has changed to the high school where the grandparents live. Is it legal to live in one town and go to school in another? Does she need a lawyer? Help!
confused232
08-15-2006, 02:18 PM
Just some friendly advice - you probably should have posted this in a new thread. I'll try to help you out on this one anyway.
She stays out late and comes home when she wants to.
Does the town have a juvenile curfew? Many Texas cities and towns do for all children 16 and under. She could still be reported as a runaway regardless.
She sleeps over at her 21 year old boy friends parent's house without informing anyone of her whereabouts.
The age of consent in Texas is 17. Engaging in sexual contact with any child 16 or under is a second-degree felony with up to 20 years in prison.
Her interfering grandparents have given her a car and a cell phone so her parents can't even use those items as leverage.
The parents can still forbid her from using them. I don't really think they could legally TAKE them away though.
Does the girl have a driver's license? She would have had to get parental consent to get one (NOT a grandparent's consent). If not, the police could be called when she goes out driving illegally.
The grandparents believe every word this girl tells them about how abusive her family is to her. [I know this is a lie]
It could possibly be proven in court that the girl is lying. It would probably also be revealed during any CPS investigation.
The girls father does not like confrontation and is no help disciplining the child. My daughter feels its not her place to make decisions or discipline this girl and this girl is making her life miserable and driving her crazy.
The father needs to start disciplining her! Your daughter is actually probably very wise, as stepparent discipline, especially physical discipline, can cause a lot of legal trouble.
She broke a back window out since she didnt have a house key.
Vandalism, possibly breaking and entering.
now the grandparents are talking about calling CPS and reporting both of them for child abandonment and abuse.
This will have to be investigated by CPS before anything is done about it.
Before we got back from the beach the girl stole money and jewelry from my daughters room
That's called THEFT and could be reported as a crime.
and then she left to stay at her grandparents. We have not seen her since and she does not answer her phone.
The girl should be reported as a runaway.
Do the grandparents have any rights?
Not really.
Can he take away a car or phone that doesn't belong to him?
I already answered this, probably not. But, there are ways to get around this and she could be forbidden from using them.
Can he forbid contact with the grandparents?
Yes he can. He could even get a restraining order on them.
School started today and my daughter has no idea if the stepdaughter is attending school in our small town or if she has changed to the high school where the grandparents live. Is it legal to live in one town and go to school in another?
If it's a private school, absolutely.
If it's a public school, not in most cases.
Also, a parent or guardian (NOT a grandparent) would have had to enroll her in school.
My best advice - what YOU can do is report the 21-year-old boyfriend for statutory rape.
YOU could also report the theft and broken window - as ANYONE can report any type of crime they know has been committed. It would probably be more meaningful if you encouraged your daughter to however (this would NOT be "discipline"). On a personal note, I would strongly recommend only reporting her for misdemeanors she commits and NOT if any of the offenses are felonies. Misdemeanors will make a big impact on her, but won't screw up her life as much as felonies (she could be tried as an adult for a felony).
Also, whenever she runs away, her FATHER should be STRONGLY encouraged to report her. This will get her into the juvenile court's Child in Need of Supervision program and possibly on juvenile probation.
If she is turning 17 anytime soon, make sure everything gets taken care of BEFORE she turns 17. This will subject her to the juvenile court. It will teach her a lesson without putting her in adult court and a criminal record for the rest of her life (this is what happens if you report anything after her 17th birthday).
cyjeff
08-15-2006, 05:06 PM
Only one thing to add...
That the statutory rape charge doesn't go away when she turns 17. I think the statute of limitations is 15 years.
confused232
08-15-2006, 06:20 PM
Only one thing to add...
That the statutory rape charge doesn't go away when she turns 17. I think the statute of limitations is 15 years.
It's on her 28th birthday when it goes away.
But that wasn't what I was talking about. I was referring to the Child in Need of Supervision and juvenile court programs.
dkbeaver
08-15-2006, 06:44 PM
Wow! Thanks for the advice! I am sending this link to my daughter. I really appreciate the advice and I know she will too. I don't think my daughter would appreciate me calling in the theft and vandalism reports so I will leave that decision up to her. Thanks again!
ceara
08-15-2006, 07:47 PM
Not ALL of the information you have gotten is completely correct.
My daughter has a 16 year old stepdaughter that believes she can do anything she wants. She stays out late and comes home when she wants to. She sleeps over at her 21 year old boy friends parent's house without informing anyone of her whereabouts. Her interfering grandparents have given her a car and a cell phone so her parents can't even use those items as leverage. The grandparents believe every word this girl tells them about how abusive her family is to her. [I know this is a lie] The girls father does not like confrontation and is no help disciplining the child. My daughter feels its not her place to make decisions or discipline this girl and this girl is making her life miserable and driving her crazy.
It's really not your daughter's place to discipline her step-daughter, BUT, it is HER house and she has every right to set the rules as SHE sees fit. If her step daughter can't live by those rules, there are several ways to enforce the rules without actually disciplining the girl. There is nothing that says she has to make the girl comfortable. Take away the TV, computer, any "extras".
Recently the stepdaughter and my daughter got into an argument and the stepdaughter packed a bag and went to stay at her grandmothers house. My daughter tried repeatedly to get the girl to answer her cell phone or return her text messages so she could talk to her about this but the stepdaughter refused to answer and ignored her.
As has already been stated, she should be reported as a runaway if this ever happens again.
I invited my daughter and her family to spend a week at the beach with us last week and while we were gone the step daughter decided to return home. She broke a back window out since she didnt have a house key. She let herself into the house intending to stay there without supervision for the week we were gone. She told her grandmother she was staying with a friend. A "helpful" neighbor called my daughter on her cell phone and told her about it. My daughter tried to get the girl to answer one of the phones at the house and she wouldn't. My daughter then called the police and they told her that she and her husband had abandoned the child and they were going to talk to him about it when we get home!
They should file a report with the police about the vandelism. It doesn't matter is it is a felony or not. If it turns out that she would be charged as an adult (which is VERY doubtful), they can explain to the DA that they no longer wish to cooperate. Since it is not a DV case, the charges would be dropped for "lack of want to prosecute".
The police wanting to talk to your daughter and son-in-law is exactly why she should be reported as a runaway if this ever happens again.
My daughter has 2 small children of her own to take care of and she has tried to stay out of this but now the grandparents are talking about calling CPS and reporting both of them for child abandonment and abuse. Before we got back from the beach the girl stole money and jewelry from my daughters room and then she left to stay at her grandparents. We have not seen her since and she does not answer her phone. My daughter is very upset and doesn't know what to do and I don't know what to tell her. We don't have experience with people that do stuff like this.
Dad needs to tell the GPP's to but out and report the child as a runaway NOW.
What are her legal responsibilities?
None since she is the step mother.
Should she make her come back home even if she is driving everyone crazy?
Yes, however, boarding school of the military type may be worth looking into. It could be worked into part of the "deal" with criminal prosecution for the window and runing away. That way, it is the DA's "fault", not dad & stepmom's.
Do the grandparents have any rights?
Only if the COURT has given them any.
I think they only want the social security check my son in law gets for her, [her mother is deceased].
As long as they are allowing SOME type of relationship with the child, they have very little chance at getting court ordered visitation, much less CUSTODY. And IF they could, it would cost MANY times mohen they would ever get back in SS death benefits.
Can he take away a car or phone that doesn't belong to him?
Yes! The GP's can demand that the items be returned to THEM, but the 16 year old has no right to have use of them. If they are concerned about the legality of taking the items away, remove the cell phone battery, disconnect the car battery and remove the spark plugs. Most 16 year olds can barely find the GAS TANK.
Can he forbid contact with the grandparents?
TECHNICALLY, yes, but it is a VERY bad idea. Since their daughter (their only legal link to the child) is deceased, they could easily get court ordered visitation if he were to cut all ties without due process. He may want to set up some sort of legal visitation through the family court so that limits can be set. If the GP's cross the line with a court order, legal action can then be taken against them.
School started today and my daughter has no idea if the stepdaughter is attending school in our small town or if she has changed to the high school where the grandparents live. Is it legal to live in one town and go to school in another?
Dad needs to contact the school(s) that he thinks the daughter may be attending and find out. He may have to go in person to prove who he is. If the GP's have enrolled the child in school without court permission, they have broken the law and should be reported.
Does she need a lawyer? Help!
Not at this point, but they will if they take legal action against the GP's.
ceara
08-15-2006, 07:52 PM
Only one thing to add...
That the statutory rape charge doesn't go away when she turns 17. I think the statute of limitations is 15 years.
It's on her 28th birthday when it goes away.
An actually ciminal CHARGE would NEVER go away. Statute of Limitations refers to the amount of time that the authorities have to PURSUE charges. Once a warrant is issued, it is valid for life. The ability to successfully avoid arrest is not rewarded.
confused232
08-16-2006, 11:08 AM
An actually ciminal CHARGE would NEVER go away. Statute of Limitations refers to the amount of time that the authorities have to PURSUE charges. Once a warrant is issued, it is valid for life. The ability to successfully avoid arrest is not rewarded.
That's what I meant...the statute of limitations. I just used the term "goes away" because that's what the previous poster had used.
ceara
08-16-2006, 02:28 PM
That's what I meant...the statute of limitations. I just used the term "goes away" because that's what the previous poster had used.
Even though the SOL is 15 years, these types of charges would really need to be pursued fairly quickly after the incident occurs. Prosecutors know that they won't get a conviction if the "victim" is an adult.
confused232
08-17-2006, 04:15 PM
Even though the SOL is 15 years, these types of charges would really need to be pursued fairly quickly after the incident occurs. Prosecutors know that they won't get a conviction if the "victim" is an adult.
The statute of limitation is always on the "victim's" 28th birthday in these types of cases. But I do agree with you.
ReCk
08-20-2006, 10:01 AM
I will be 17 next june.
I need to get out of this house. My mom is crazy. I have deppression really bad and she wont help me get help. It only worsens when she treats me lie crap. I want to move out and live in houston with my grandmother.
But there is more
My dad used to hit me alot and there was a case one time where my mom did it too. I never turned them in for it though cuz she talked me out of it.
But everyone who knows me and including my aunt and grandmother agree that my home life and the way she treats me is ridiculous and it is not right.
So how do i get out by 17 before my depression worsens?
confused232
08-20-2006, 04:53 PM
I will be 17 next june.
I need to get out of this house. My mom is crazy. I have deppression really bad and she wont help me get help. It only worsens when she treats me lie crap. I want to move out and live in houston with my grandmother.
But there is more
My dad used to hit me alot and there was a case one time where my mom did it too. I never turned them in for it though cuz she talked me out of it.
But everyone who knows me and including my aunt and grandmother agree that my home life and the way she treats me is ridiculous and it is not right.
So how do i get out by 17 before my depression worsens?
I am going to post this in a new thread for you.
lame2690
08-21-2006, 08:00 PM
blah blah blah blah
cyjeff
08-21-2006, 08:05 PM
I'm 16 yrs old and want to move to Pennsylvania State for educational purposes.
I'm currently living in Texas and I'm gonna be the only one who's moving in the family. My family agreed that I could move, by the way.
My good friend told me that I could stay at his house with his family and his parents said ok.
Now, this is where I get all confused.
-Do I hav to consider my friend's parents as my legal guardian when I get there? If so, do I have to go to the court and get things signed?
-Do I have to sign anything to move out of Texas by myself?
-Do I have to go to court for any reason?
-Would I be able to go to the High school that I want to without having my parents there, once I move?
You have to have a guardian. This is for things like taking you to the doctor if you are hurt or sick. There has to be a grown up there to make the decisions.
You may or may not have to sign something. Your parents certainly will.
Yes.
You will have to go to the high school that the local municipality has zoned for the place your new guardians live in.
desertjewel
08-21-2006, 08:50 PM
I'm sorry that a juvenile probation officer misinformed you.
A seventeen year old (unemancipated, unmarried, and not in the military) may not move out of their parents house without their parents explicit permission.
Regarding TEXAS... I have a few questions...
Can a 17 year old that is in the Army Reserves move out without a parents permission?
What does a minor in TX have to do to become emancipated? Do they need an attorney to do it and if so, how long does it take to go through the process?
One more thing, if it's legal for a 17 year old in the military to move out can they enroll themselves in a new school?
Any help with this would be much appreciated.
Thanks in advance :)
lame2690
08-21-2006, 09:24 PM
blah blah blah blah blah
mommyof4
08-22-2006, 05:16 AM
Regarding TEXAS... I have a few questions...
Can a 17 year old that is in the Army Reserves move out without a parents permission?
What does a minor in TX have to do to become emancipated? Do they need an attorney to do it and if so, how long does it take to go through the process?
One more thing, if it's legal for a 17 year old in the military to move out can they enroll themselves in a new school?
Any help with this would be much appreciated.
Thanks in advance :)
Are you actually in the reserves or the DEP program? It makes a difference to the answer.
mommyof4
08-22-2006, 05:17 AM
My last question is
Do I hav to pay a tuition for the school if I live with my legal guardians?
Yes, your parents will need to provide financially for you. If that means that the school required a tuition, then you or your parents are responsible for the fees.
Tammy75840
08-23-2006, 08:23 AM
Family Code 51.02. Definitions
(2) "Child" means a person who is:
(A) ten years of age or older and under 17 years of age; or
(B) seventeen years of age or older and under 18 years of age who is alleged or found to have engaged in delinquent conduct or conduct indicating a need for supervision as a result of acts committed before becoming 17 years of age.
(3) "Custodian" means the adult with whom the child resides.
(4) "Guardian" means the person who, under court order, is the guardian of the person of the child or the public or private agency with whom the child has been placed by a court.
Family Code 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.
Family Code 262.007. Possession and Delivery of Missing Child
(a) A law enforcement officer who, during a criminal investigation relating to a child's custody, discovers that a child is a missing child and believes that a person may flee with or conceal the child shall take possession of the child and provide for the delivery of the child as provided by Subsection (b).
(b) An officer who takes possession of a child under Subsection (a) shall deliver or arrange for the delivery of the child to a person entitled to possession of the child.
(c) If a person entitled to possession of the child is not immediately available to take possession of the child, the law enforcement officer shall deliver the child to the Department of Protective and Regulatory Services. Until a person entitled to possession of the child takes possession of the child, the department may, without a court order, retain possession of the child not longer than five days after the date the child is delivered to the department. While the department retains possession of a child under this subsection, the department may place the child in foster home care. If a parent or other person entitled to possession of the child does not take possession of the child before the sixth day after the date the child is delivered to the department, the department shall proceed under this chapter as if the law enforcement officer took possession of the child under Section 262.104.
Family Code 151.001. Rights and Duties of Parent
(a) A parent of a child has the following rights and duties:
(1) the right to have physical possession, to direct the moral and religious training, and to establish the residence of the child;
(2) the duty of care, control, protection, and reasonable discipline of the child;
(3) the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education;
(4) the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government;
(5) except as provided by Section 264.0111, the right to the services and earnings of the child;
(6) the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment;
(7) the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
(8) the right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child;
(9) the right to inherit from and through the child;
(10) the right to make decisions concerning the child's education; and
(11) any other right or duty existing between a parent and child by virtue of law.
(b) The duty of a parent to support his or her child exists while the child is an unemancipated minor and continues as long as the child is fully enrolled in an accredited secondary school in a program leading toward a high school diploma until the end of the school year in which the child graduates.
(c) A parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.
(d) The rights and duties of a parent are subject to:
(1) a court order affecting the rights and duties;
(2) an affidavit of relinquishment of parental rights; and
(3) an affidavit by the parent designating another person or agency to act as managing conservator.
Code of Criminal Procedure 63.001. Definitions
(1) "Child" means a person under 18 years of age.
(2) "Missing person" means a person 18 years old or older whose disappearance is possibly not voluntary.
(3) "Missing child" means a child whose whereabouts are unknown to the child's legal custodian, the circumstances of whose absence indicate that:
(A) the child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law;
(B) the child voluntarily left the care and control of his legal custodian without the custodian's consent and without intent to return; or
(C) the child was taken or retained in violation of the terms of a court order for possession of or access to the child.
(4) "Missing child" or "missing person" also includes a person of any age who is missing and:
(A) is under proven physical or mental disability or is senile, and because of one or more of these conditions is subject to immediate danger or is a danger to others;
(B) is in the company of another person or is in a situation the circumstances of which indicate that the missing child's or missing person's safety is in doubt; or
(C) is unemancipated as defined by the law of this state.
(5) "Missing child or missing person report" or "report" means information that is:
(A) given to a law enforcement agency on a form used for sending information to the national crime information center; and
(B) about a child or missing person whose whereabouts are unknown to the reporter and who is alleged in the form by the reporter to be missing.
(6) "Legal custodian of a child" means a parent of a child if no managing conservator or guardian of the person of the child has been appointed, the managing conservator of a child or a guardian of a child if a managing conservator or guardian has been appointed for the child, a possessory conservator of a child if the child is absent from the possessory conservator of the child at a time when the possessory conservator is entitled to possession of the child and the child is not believed to be with the managing conservator, or any other person who has assumed temporary care and control of a child if at the time of disappearance the child was not living with his parent, guardian, managing conservator, or possessory conservator.
Code of Criminal Procedure 63.009. Law Enforcement Requirements
(a) Local law enforcement agencies, on receiving a report of a missing child or a missing person, shall:
(1) if the subject of the report is a child and the well-being of the child is in danger or if the subject of the report is a person who is known by the agency to have or is reported to have chronic dementia, including Alzheimer's dementia, whether caused by illness, brain defect, or brain injury, immediately start an investigation in order to determine the present location of the child or person;
(2) if the subject of the report is a child or person other than a child or person described by Subdivision (1), start an investigation with due diligence in order to determine the present location of the child or person;
(3) immediately enter the name of the child or person into the clearinghouse, the national crime information center missing person file if the child or person meets the center's criteria, and the Alzheimer's Association Safe Return crisis number, if applicable, with all available identifying features such as dental records, fingerprints, other physical characteristics, and a description of the clothing worn when last seen, and all available information describing any person reasonably believed to have taken or retained the missing child or missing person; and
(4) inform the person who filed the report of the missing child or missing person that the information will be entered into the clearinghouse, the national crime information center missing person file, and the Alzheimer's Association Safe Return crisis number, if applicable.
(b) Information not immediately available shall be obtained by the agency and entered into the clearinghouse and the national crime information center file as a supplement to the original entry as soon as possible.
(c) All Texas law enforcement agencies are required to enter information about all unidentified bodies into the clearinghouse and the national crime information center unidentified person file. A law enforcement agency shall, not later than the 10th working day after the date the death is reported to the agency, enter all available identifying features of the unidentified body (fingerprints, dental records, any unusual physical characteristics, and a description of the clothing found on the body) into the clearinghouse and the national crime information center file. If an information entry into the national crime information center file results in an automatic entry of the information into the clearinghouse, the law enforcement agency is not required to make a direct entry of that information into the clearinghouse.
(d) If a local law enforcement agency investigating a report of a missing child or missing person obtains a warrant for the arrest of a person for taking or retaining the missing child or missing person, the local law enforcement agency shall immediately enter the name and other descriptive information of the person into the national crime information center wanted person file if the person meets the center's criteria. The local law enforcement agency shall also enter all available identifying features, including dental records, fingerprints, and other physical characteristics of the missing child or missing person. The information shall be cross-referenced with the information in the national crime information center missing person file.
(e) A local law enforcement agency that has access to the national crime information center database shall cooperate with other law enforcement agencies in entering or retrieving information from the national crime information center database.
(f) Immediately after the return of a missing child or missing person or the identification of an unidentified body, the local law enforcement agency having jurisdiction of the investigation shall cancel the entry in the national crime information center database.
(g) On determining the location of a child under Subsection (a)(1) or (2), other than a child who is subject to the continuing jurisdiction of a district court, an officer shall take possession of the child and shall deliver or arrange for the delivery of the child to a person entitled to possession of the child. If the person entitled to possession of the child is not immediately available, the law enforcement officer shall deliver the child to the Department of Protective and Regulatory Services.
mommyof4
08-23-2006, 09:04 AM
So Tammy, whou would pay his tuition? A parent is LEGALLY obligated to provide financially for the child until the child reaches the age of 18 or graduates from high school, whichever comes last. No matter how many times you post the same copy of different statutes from different codes, the truth will not change. His parents are responsible for his tuition and support while he is living in PA until he is emancipated either by court order or reaching the age of majority (graduation for HS), period. Of course, once again, the codes you posted support exactly what I originally told this poster and what I am telling you.
Tammy75840
08-23-2006, 09:14 AM
Remember, You Want To Seperate From Your Parent, You Should Not Expect Them To Pat Your Tuition. If He Moves Out They Can Not Do Anything, And As Far As His Tuition, It Will Be His Responsibility To Pay, Unless There Is A Court Order Ordering The Parent To Pay It. Financial Responsibility Of A Minor Does Not Include College Tuition, Because There Is No Way It Would Fly, There Are Too Many Parents Who Can Not Afford To Send Their Kids To College, So That Is Irrelevant.
Like I Said, If You Are 17 And Want To Move Out Contact Your Local Law Enforcement Agency And Ask What They Enforce, Because In The End They Are The Ones Who You Will Have To Deal With. They Will Be The Final Decision Makers In The End. I Can Call 10 Police Departments Right Now And They Will Tell Me There Is Nothing That Can Be Done Until You Break The Law!!
mommyof4
08-23-2006, 09:24 AM
Remember, You Want To Seperate From Your Parent, You Should Not Expect Them To Pat Your Tuition. If He Moves Out They Can Not Do Anything, And As Far As His Tuition, It Will Be His Responsibility To Pay, Unless There Is A Court Order Ordering The Parent To Pay It. Financial Responsibility Of A Minor Does Not Include College Tuition, Because There Is No Way It Would Fly, There Are Too Many Parents Who Can Not Afford To Send Their Kids To College, So That Is Irrelevant.
Like I Said, If You Are 17 And Want To Move Out Contact Your Local Law Enforcement Agency And Ask What They Enforce, Because In The End They Are The Ones Who You Will Have To Deal With. They Will Be The Final Decision Makers In The End. I Can Call 10 Police Departments Right Now And They Will Tell Me There Is Nothing That Can Be Done Until You Break The Law!!
Okay, one, he is going to HIGH SCHOOL. Two, yes his parents are legally and financially responsible for him until he is 18 or graduated from HS (Yep, even if a 17 year old that has left the home gets into legal trouble, the parents can also be held responsible) or emancipated by a court of law. And three, he is 16. Please keep going on with these arguments. If you would slow down and read what you are posting, you would see that you are supporting everything I and others have been telling all of these 17 year old posters. For the record, the ONLY state that allowed a 17 year old to move out without consent (and even if they did have consent, if they were living in a dangerous environment or abject poverty, they could be forced home) was Missouri. But I believe that THAT screwy situation has been fixed very recently. I will have to double check. But NO OTHER state allows for this.
lame2690
08-23-2006, 02:37 PM
blah blah blah blah blah
ceara
08-23-2006, 03:27 PM
thx alot guys for the help
turns out i dont hav to pay the tuition with the legal guardian
and i hav everything rdy except this...
im not an amercian citizen yet and been in this blessing country ever since i was in 4th grade
as you guys know about the twin tower incident, slowed down my citizen ship process (my dad told me we are stuck at the 2nd step of 5 steps)
so what i want to know is...
can my parents be my legal guardians if im not a citizen yet? (and yes they are american)
The minor child/ren of a LEGAL US citizen is also a LEGAL US citizen.
ACc083
08-31-2006, 02:46 PM
Tammy75840...
please refer to this subscription - all of my information is 100% accurate as per current Texas statues.
As you can see, another member was convinced they were correct...I wonder who got the final word.
Meo
08-31-2006, 09:25 PM
I'm sorry to ask again if this question or similar situation(s) has already been answered.
--------
I am a 17 year old female and will be 18 in May, and I have a boyfriend that will be 21 this October. We want to move out and get married, from what I understand at the moment, (1) is it true that I cannot legally be married until I am 18?
Another thing, my birth mother allows me to be with him and is letting us get an apartment together, with me promising to stay in school. So (2) is it legal for me to move out with him under this circumstance?
My step-father, on the other hand. Does not agree. He always threaten to 'call the cops' on my boyfriend if I move with him, does he have the right to do that, or should I ask, (3) will the police/law do anything to my boyfriend if he does call?
A little off-topic.
On the note of the apartment, my boyfriend asked around and found out that I cannot live with him because I have to be filed with the apartment owner, requiring me to be 18. (?) This is giving us a little trouble, but we could just stay with his parents for now.
Any and all help will be greatly appreciated. Thank you very much in advance. :)
P.S I am currently a JUNOIR (11) in High School. (4) Is it true that I still need my parents around/need to live with my parents until I graduate, even if I am 18?
cyjeff
08-31-2006, 09:26 PM
Does your step father have legal custody of you?
Meo
08-31-2006, 09:28 PM
Does your step father have legal custody of you?
Uhm.. I honestly do not know.
I don't have his last name, I have my blood father's last name. (If that helps at all..)
And I live with both of them, so they fight over this situation.
cyjeff
08-31-2006, 09:31 PM
You are under the age of majority... this means a couple of things.
First, if either parent that has legal jurisdiction over you says no, the answer is no.
Second, if you move in with your bf's parents (and you seriously need to think about the details of THAT situation) and a legally custodial parent has said no, not only would your bf but his parents could face charges.
You cannot get married without parental permission until you are 18.
Wait until May....then you can do whatever you want.
Meo
08-31-2006, 09:33 PM
How do I know if he has legal custody of me? :confused:
I want to, but May is toooooooo far away from now. :p
cyjeff
08-31-2006, 09:35 PM
Has your step father adopted you?
Meo
08-31-2006, 09:39 PM
Has your step father adopted you?
I believe, no.
If I was adopted, I would carry his last name, but I do not.
cyjeff
08-31-2006, 09:40 PM
possibly, but not necessarily.
Ask your mother.
Meo
08-31-2006, 09:43 PM
If I am not adopted. Then he does not have legal custody of me. Then how will everything change?
cyjeff
08-31-2006, 09:45 PM
Then, review the statutes as they pertain to minors and adults engaging in contact.
Try www.promotetruth.org or just google it.
Your mother can then grant you emancipation assuming you have a job, a place to live independantly and can show a judge you are an upstanding citizen.
It is really hard to be emancipated to live with your boyfriend.
cyjeff
08-31-2006, 09:48 PM
Oh, and I don't know if the cops would do anything... they may come out and warn off the bf... which is why I recommend researching the matter in detail prior to moving in together.
As you can see... waiting until May is just easier.... date, with your mom's permission, until then.
Do be aware of the stresses you are causing in your mom's marriage, though... You want to be treated as an adult... start with making your mom's life less stressful somehow.
mommyof4
09-01-2006, 05:24 AM
You also need your father's consent if his parental rights have not been terminated.
Tabatha17
09-26-2006, 05:33 PM
***TEXAS***
Unfortunately, it is not "legal" to "move out" of your parents house when you are 17 without their permission.
First, your parents, as managing conservators, have a statutory right under the Texas Family Code (Chapter 151.001) and Texas Probate Code (Chapter 767) to have physical possession of their unemancipated child and designate their primary residence. They also have the duty of care, control, protection, and reasonable discipline of the child. Therefore, they may lawfully tell you "no" when you wish to leave or move out.
Second, your parents do not need 24 hours to file a Missing Person report. They may file one once they determine you voluntarily left without the intent to return. However, Texas Attorney General Opinion GA - 0125 determined that an "unemancipated" 17 year old may not be reported as missing if the parents know the child's whereabouts. If you are reported as missing and you are identified by a peace officer, they have a lawful duty to take you into possession and return you to your parents. Texas Attorney General Opinion JC - 0229 addresses any questions regarding a Missing Person who is 17 and unemancipated.
Reference Texas Code of Criminal Procedure, Chapter 63
Third, there is a process for becoming a legal adult at the age of 17. It is known as "Removal of Disabilities of Minority." (Texas Family Code, Chapter 31) It is a difficult process if your parents don't agree with your wishes or if you don't have the money to hire an attorney. Until you become a legal adult, you may not enter contract, therefore preventing you from enrolling yourself in school. Your boyfriend can't do that for you either.
Talk to your parents. See if they will approve your wishes of becoming a legal adult. If they don't, you might want to contact an attorney, but not wanting to live with your parents doesn't necessarily warrant terminating their rights. The previous post from "Elklaw" has some websites that offer more information.
This is a lie. In Texas, if you are 17 and want to move out you can. All the cops will force you to do is call your parents and let them know where you are and that your ok. The WILL NOT force a 17 year old back home.
turbowray
09-26-2006, 06:07 PM
This is a lie. In Texas, if you are 17 and want to move out you can. All the cops will force you to do is call your parents and let them know where you are and that your ok. The WILL NOT force a 17 year old back home.
Unless you are in harms way. Lets say, you moved out and went to stay in a drug house, they would not just ask you to call.
Tabatha17
09-26-2006, 06:30 PM
Well dont move into a drug house. I mean, whats the point in leaving home to do something like that? If you are responisble, and you can prove that you can take care of yourself all the cops here in Texas will do is have you call home. It wouldnt be wise to try and move out, then pull the cops right to a drug house. So I dont think anyone is that clueless. And if they are they most deffinately are not responsible enough to take care of themselves.
ACc083
09-26-2006, 07:21 PM
Tabatha17,
your information is WRONG. PERIOD.
1. You can only move out with parental permission. If you don't have parental permission, you can be reported as a runaway.
2. In the event that you are reported as a runaway, a peace officer is required by law to return you to your legal custodians.
Nobody here cares that you think you know the law. This argument has surfaced TIME AND TIME AGAIN and the answer never changes!
When you get your p.o. liscense or j.d., then you can start posting information on here. Otherwise, stop!
turbowray
09-26-2006, 07:59 PM
This is a lie. In Texas, if you are 17 and want to move out you can. All the cops will force you to do is call your parents and let them know where you are and that your ok. The WILL NOT force a 17 year old back home.
OK Tabatha, that was just an example of how you could be wrong. Now, all of us would like the links to prove what you have just claimed. Please include it in your next post.
confused232
09-26-2006, 10:22 PM
OK Tabatha, that was just an example of how you could be wrong. Now, all of us would like the links to prove what you have just claimed. Please include it in your next post.
The police would have the option of just having you call. Because if you called your parents and told them where you were, you would technically not be "missing" any more. But, they could take you into custody if they wanted.
The only thing is that you could not be taken to juvenile detention, only to home (this is the difference between 16 and 17 in TX).
turbowray
09-26-2006, 10:52 PM
The police would have the option of just having you call. Because if you called your parents and told them where you were, you would technically not be "missing" any more. But, they could take you into custody if they wanted.
The only thing is that you could not be taken to juvenile detention, only to home (this is the difference between 16 and 17 in TX).
Thank you for clarifying confused.
mommyof4
09-27-2006, 04:15 AM
The only thing is that you could not be taken to juvenile detention, only to home (this is the difference between 16 and 17 in TX).
The 17 year old may not go to juvie, but the 17 year old CAN be detained and held until further decision or order of the court. The 17 year old can be sent to a youth crisis shelter (for lack of a better word) and be ordered to attend counseling and life planning lessons. The 17 year old can be held up to 30 days. However, if it is the first time a 17 year old has been in this situation, this will normally not happen.
Here is one place that I KNOW the police and CPS work with in Dallas.
I have a friend who is 26yrs old. He's intrested in a 17yr old female. Some people are telling him it's illegal to have sexual contact with her, while others are saying that 17 is legal for this. I told him I couldn't give him an answer, because I've heard both myself.
cbg
10-08-2006, 01:11 PM
General rule of thumb: If you have to ask whether or not it's legal, then regardless of whether the answer is yes or no, it's a very, very bad (make that STUPID) idea.
turbowray
10-08-2006, 08:18 PM
I have a friend who is 26yrs old. He's intrested in a 17yr old female. Some people are telling him it's illegal to have sexual contact with her, while others are saying that 17 is legal for this. I told him I couldn't give him an answer, because I've heard both myself.
What state does your friend live in. In some states it would be legal, but if the parents don't approve, there are legal measures that they could take to keep your friend away from her until she is 18. This is usually a restraining order, or order of protection.
cyjeff
10-08-2006, 08:29 PM
General rule of thumb: If you have to ask whether or not it's legal, then regardless of whether the answer is yes or no, it's a very, very bad (make that STUPID) idea.
I agree...
Why is that such a tough concept?
If that little voice in your head tells you it is a stupid idea, listen!
itchin'toleave
10-09-2006, 08:01 PM
Ok, I am 16 right now and I am planning to move out when I turn 17 in August. I haven't told my parents because I know that they won't understand my perspective. What can i do to help me on my way out? TX
confused232
10-09-2006, 09:30 PM
Ok, I am 16 right now and I am planning to move out when I turn 17 in August. I haven't told my parents because I know that they won't understand my perspective. What can i do to help me on my way out? TX
OK...a few things
1. It's October right now. August is almost a year away. If the situation is really that bad, figure out something to do before then.
2. You cannot legally move out in Texas at 17 without your parents' permission. A few things could happen if you do. You could be filed as a missing person and police could come find you. They could make you call your parents or return you to your parents, at their discretion. At 17, you could not be punished by juvenile court for "running away" because there is no OFFENSE for a 17 year old to run away in Texas (there is, however, for 16 and under). But, you could still be returned.
Facility74
10-09-2006, 09:49 PM
What state does your friend live in. In some states it would be legal, but if the parents don't approve, there are legal measures that they could take to keep your friend away from her until she is 18. This is usually a restraining order, or order of protection.
Texas.....
confused232
10-09-2006, 09:54 PM
I have a friend who is 26yrs old. He's intrested in a 17yr old female. Some people are telling him it's illegal to have sexual contact with her, while others are saying that 17 is legal for this. I told him I couldn't give him an answer, because I've heard both myself.
The age of consent in Texas is 17, so it's not illegal. But it's a terrible idea.
itchin'toleave
10-11-2006, 08:05 PM
OK...a few things
1. It's October right now. August is almost a year away. If the situation is really that bad, figure out something to do before then.
2. You cannot legally move out in Texas at 17 without your parents' permission. A few things could happen if you do. You could be filed as a missing person and police could come find you. They could make you call your parents or return you to your parents, at their discretion. At 17, you could not be punished by juvenile court for "running away" because there is no OFFENSE for a 17 year old to run away in Texas (there is, however, for 16 and under). But, you could still be returned.
My mom is a religious fanatic and I dont think that my powers of persuasion could make her let me move out. So...am i basically stuck?
turbowray
10-11-2006, 08:46 PM
My mom is a religious fanatic and I dont think that my powers of persuasion could make her let me move out. So...am i basically stuck?
Yup, you are stuck, the courts will not grant an emancipation because of fanatical religious beliefs, unless they hurt the child of course. Sorry, hang in there!!
itchin'toleave
10-12-2006, 08:41 PM
Another question...
is there any way that i could possibly hire a lawyer to help me. ok what i am trying to ask is this: can a lawyer/attourney get around all the red tape of parental consent and help me out my house and get me on my own at the age of 17?
turbowray
10-13-2006, 04:53 PM
Another question...
is there any way that i could possibly hire a lawyer to help me. ok what i am trying to ask is this: can a lawyer/attourney get around all the red tape of parental consent and help me out my house and get me on my own at the age of 17?
Nope, the law is very clear on how to get this done. A lawyer can't change the law, or the way it is written. Do you have a job? Can you pay all the bills if you leave? Do you have good grades and no criminal record? Can you get a place to live on your own (no roomates)? You MAY, and I say that lightly, be able to live with another family member, but even that may take the moms permission, unless she is putting you in harms way. If not, then all the questions I asked you, must be yes, or no judge will let you live on your own or get emancipated, no matter if you have a top notch attorney or not!
confused232
10-14-2006, 09:55 PM
no matter if you have a top notch attorney or not!
I hate to say this, but in many legal proceedings, an attorney really can make the difference for you (as unfair as it may be).
itchin'toleave
10-15-2006, 05:13 PM
I do have a job in fact I am a manager, I have good grades in school and am taking college classes while still in high school, I have quite a few relatives that I can move in with, and I have enough money to get me started on my own if I need to.
turbowray
10-15-2006, 05:30 PM
I will ask what a judge will ask though, why do you need to be emancipated, you pretty much need your parents permission to do so unless you can prove to a judge, that there are extinuating circumstances, that would warrent the judge making the decision for your mom, and just being over religious would not be a reason enough. I promise, I am not trying to side with your mom on this, I think parents should let thier kids choose religion, because like anything else, if it is forced, it won't last, but it is not enough to move out prematuraly. Since you do have a job, you always have the right to seek legal advise, you may find a loop hole that I am not aware of. It does sound like you meet the criteria, if you can live on your own, or with a family member IF a judge deems your reasons reasonable. Good luck! Confused, I agree to a degree, a knowledgable attorney would find a loophole if there is one, or fight a good fight to get it approved, but the attorney would still have to prove to the judge why he should emancipate, if the mom contests, and that is hard unless the mom is unfit, or putting the minor in danger. Good luck poster!
itchin'toleave
10-16-2006, 05:10 AM
Thanks for all the advice. It has helped me in this situatuion and I'm pretty sure that this wont be the last thing that I ask about.
turbowray
10-16-2006, 07:46 AM
Anytime hon, we are here to try to help! Sorry my advise wasn't so promising, but you never know, something may come up that would change my opinions on this. Good luck until next time you post!
shetrip
10-26-2006, 09:28 PM
Ok from all I have read here you say that a 17 year old can not move out unless his parents let him. Here is what happen: My stepson's mother on the day before his 17th birthday gave him a box and told him if he wanted to come live with his birth father and myself get to packing! Well FYI the poor boy only found out that my husband was his father when he was 13 - long story... her husband adopted him - so my husband at this point does not have any parental rights. He has been living with us now for roughly a month in a half.. He is still going to school in the town where they live which is only a few miles from us but we can not change schools because they will not give us guardianship over him - it is like they still want control but not him. They know where we live and the have made him feel so bad... What are we to do - how can we get him emancipated from them that is what he wants?? Please help and let me know what you think??
We only want the best for him - he really is a good boy..
GotSmart
10-26-2006, 09:51 PM
Save your money. In another 10 months, he will be an adult. Give him the love and support he needs. He now knows who his real father is. You don't know both sides of the story, but just accept the kid and give him his space.
Next time start a new thread. You have a better chance of getting specific answers to your questions there.
turbowray
10-26-2006, 09:53 PM
I agree, just love him for the good kid he is, and be blessed that he is with you now. He will remember what his mom does, and it will come back on her in the future, so concentrate on making these last few months with him the best you can. Good luck to all of you!
Iknowit
01-02-2007, 05:57 AM
A unemancipated 17 year old can voluntarily leave home without parental concent and without intending to return may not be taken into custody.
The only way a parent may get their child back would be to file a missing child report if you do not know the whereabouts of your child 24 hours later.
So if you are 17 and want to move out its pritty simple. If your parents are the type to call the police when anything happens then just bring up the fact that the attorney general made it that way. Its the law in texas. Your parents cannot stop you from leaving if your 17 but they can file a missing person report if they do not hear from you within 24 hours.
The funny thing though is if parents want to file one because the purposly will not talk to you they cant tell the police where you are when putting out the missing persons report because it would mean they know where you are and it will be void.
If school is your problem in this situation then you can get a special emancipation for school pusposes only and not have a full emancipation.
So its simple, go where you want to go but make sure to keep in contact with your parents."ACc03'" information is false, bending certain laws like that will not work.
On another note with the religion thing, thats an ammendment....and your constatutional right.
Now for me, my girlfriend was given permisson by her parents to live with her best friends family which has no problems and is stable. About 2 weeks later they randomly decide that they want their doughter back so shes aginst it and the cops are called and she has to go because she is 16. She only takes 2 days worth of clothes and goes and lives with her parents over the school christmas break and comes back the day after new years. Her birthday was on christmas so she is now 17. Now that you are up to date today is the day she is going to her friends house to get all of her belongings with her mother and little does her mother know what she has in mind to stay there when she arrives. So thats the plan and its happening later today. Now I believe that her mom is going to call the police and a officer is going to stop by the house and get the story that a 17 year old girl is wanting to stay with her best friends family to stay in the same school and not leave her boyfriend. She has been dragged around from school to school like this and shes finally sick of it and wants to stay. So im guessing that the cop is eaither going to not touch it because she is 17 or is going to take her anyway. And thats where im going to come it because im going to be there. I'm going to inform the nice officer of the state law of a child 17 years of age is allowed to move out without the concent of parentals. But being under 17 the child can be reported missing only if the parents do not know the whereabouts of her and thats pritty much the only way a child can be removed and brought back to their parents but they can only file that until 24 hours later if the even know about it. If they do all she has to do it call and tell them where she is and eventually the parents will eaither chill or trying to report their child missing everyday will get old. And even if they did that cant tell the police where she is located because then she wouldnt be missing would she?
BAM, in your face for all of those over-protactive selfish parents!!!
GotSmart
01-02-2007, 06:15 AM
BAM, in your face for all of those over-protactive selfish parents!!!
You try that attitude with the cops, and you will be in jail with your head spinning for interfering with an officer, as well as contributing to the delinquency of a minor. :rolleyes:
mommyof4
01-02-2007, 06:23 AM
A unemancipated 17 year old can voluntarily leave home without parental concent and without intending to return may not be taken into custody.
The only way a parent may get their child back would be to file a missing child report if you do not know the whereabouts of your child 24 hours later.
So if you are 17 and want to move out its pritty simple. If your parents are the type to call the police when anything happens then just bring up the fact that the attorney general made it that way. Its the law in texas. Your parents cannot stop you from leaving if your 17 but they can file a missing person report if they do not hear from you within 24 hours.
And you are flat out wrong. The former atty general's opinion is not the law. A 17 year old can be forced to return home, if the parents are proactive enough. I have a friend (Dallas Cop) whose job is to handle the situation you have described. Now, the police may not be gung ho to get involved, but all it takes is one measly court order to FORCE them to do thier jobs. (Of course, in the story you have posted, it doesn't sound like that is going to be necessary).
The funny thing though is if parents want to file one because the purposly will not talk to you they cant tell the police where you are when putting out the missing persons report because it would mean they know where you are and it will be void.
If school is your problem in this situation then you can get a special emancipation for school pusposes only and not have a full emancipation.
Partial emancipation for educational purposes has nothing to do with attending school if you have run away. It is so that a minor may get funding for higher education without his or her parents' consent and/or assistance.
So its simple, go where you want to go but make sure to keep in contact with your parents."ACc03'" information is false, bending certain laws like that will not work.
ACc03 posted the actual law. You are posting unlawful information. The only bending here is the pretzeling you are advising teens to undergo.
On another note with the religion thing, thats an ammendment....and your constatutional right.
It is a constitutional right to have freedom OF religion, not from religion (you might want to sit down and actually read the costitution before you start throwing out really big arguments with words you don't know how to spell)...however, the parents retain the right to raise their children in the manner they see fit. If, once the child is 18 and on his or her own, he or she has the right to NOT attend any religious ceremony, right, worship, or service he or she wishes to avoid. Until that day, the parents say go...the child goes. No court is going to step in to stop a parent from forcing his or her child to go to church. Another thought...even if the court did have the power to "protect" the child from church...how do you propose the court would step in? A minor cannot file suit in a court of law, except in very specific circumstances (such as legal emancipation). Nice try, though.
Now for me, my girlfriend was given permisson by her parents to live with her best friends family which has no problems and is stable. About 2 weeks later they randomly decide that they want their doughter back so shes aginst it and the cops are called and she has to go because she is 16. She only takes 2 days worth of clothes and goes and lives with her parents over the school christmas break and comes back the day after new years. Her birthday was on christmas so she is now 17. Now that you are up to date today is the day she is going to her friends house to get all of her belongings with her mother and little does her mother know what she has in mind to stay there when she arrives. So thats the plan and its happening later today. Now I believe that her mom is going to call the police and a officer is going to stop by the house and get the story that a 17 year old girl is wanting to stay with her best friends family to stay in the same school and not leave her boyfriend. She has been dragged around from school to school like this and shes finally sick of it and wants to stay. So im guessing that the cop is eaither going to not touch it because she is 17 or is going to take her anyway. And thats where im going to come it because im going to be there. I'm going to inform the nice officer of the state law of a child 17 years of age is allowed to move out without the concent of parentals. But being under 17 the child can be reported missing only if the parents do not know the whereabouts of her and thats pritty much the only way a child can be removed and brought back to their parents but they can only file that until 24 hours later if the even know about it. If they do all she has to do it call and tell them where she is and eventually the parents will eaither chill or trying to report their child missing everyday will get old. And even if they did that cant tell the police where she is located because then she wouldnt be missing would she?
BAM, in your face for all of those over-protactive selfish parents!!!
Yes, I certainly hope that you have a nice conversation with the police. Be sure and have the actual statute on hand to back up your argument. For education's sake, I would LOVE to see you post the actual statute right on this board. Go ahead, I'll wait....
I am very, very sure that the police will be "impressed" with your intelligence and dilligence toward correcting their interpretation of the law.
Now, for the real story...a minor is any person under the age of 18. Until a child reaches the age of 18, the parents hold all the cards. You're gf will be going home.
turbowray
01-02-2007, 01:06 PM
The age at which a person is considered an adult in the state is 18, not 17. The 17-years of age pertains to two other issues, the age at which the person may have consensual sex, and the age at which a person can be tried as an adult for certain criminal offenses. Texas law enforcement will not get involved in a situation where a minor leaves home w/o parental permission, until that person's parents or guardian file a request and receive a order of requisition from the court to have the minor returned to their custody or the custody of juvenile authorities. Furthermore, any person(s) who aid a minor in such circumstances such as allowing them to live in their home, renting them a room, assisting in transportation, etc. can be held criminally and civilly responsible for contributing to the delinquency of said minor. (TS/TFC Title 2)
I found this on another site, it would be a shame, if your best friends parents got charged with a crime, because you did not want to wait until you were 18 to move out. Sir, with all due respect, if there is any type of court order, and you stand in thier way, you will be charged with interfering with police officer, and you may very well face the same charges, as the ones who took her in, so please stay out of it. If you really want to help, hire her an attorney, that could help her out, with the facts of the law, and not out of emotions, because you love this girl. Good luck, and tell me how it goes!
Iknowit
01-02-2007, 06:41 PM
Yes, I certainly hope that you have a nice conversation with the police. Be sure and have the actual statute on hand to back up your argument. For education's sake, I would LOVE to see you post the actual statute right on this board. Go ahead, I'll wait....
I am very, very sure that the police will be "impressed" with your intelligence and dilligence toward correcting their interpretation of the law.
Now, for the real story...a minor is any person under the age of 18. Until a child reaches the age of 18, the parents hold all the cards. You're gf will be going home.
witch is why i called the Police station and even asked them about it and they said that the police cannot do anything about it......you guys really need to get with it.....it doesnt matter if she is an adult or not, she is 17 and under te Juvenile Justice Code, Family Code title 3 pritty much sums up that the age of the child is significant because a seventeen-year old who voluntarily leaves home without parental consent and without intending to return may not be taken into custody. A seventeen-year-old is not considered a "child" under the Juvenile Justice Code.
Her parents are to poor to do anything anyways. Now we could just have the authority of a judge decide what is best and it may come down to that, but i doubt it, her parents do not know the law and are not going to have any idea what to do when the cop says he cannot touch this. So being illegal or not it wont matter.
So she is going to get what she wants and her parents, witch are doing this because they are embarassed over the fact that the family she is living with has more money than they do. Now although it may be an opinion, it all comes down to the rational thinking of a officer, since i have called in and requested for the officer who was called out when she was 16 to be their, who also even said when she is 17 she has the right to move out.
Now "mommyof4" would you not say that she is not going to go home with her parents now? laws are laws but its a person reasonable interpretation of the law that really matters. What do you think a judge does? Its like when a wife murders her husband because he beats her everyday, exept in much more lower terms. Yes she murdered him but because of the situation it was considered by the judge to be ok. And an officer is the first hand judge to the situation. If the officer finds it fit for her to live their then he will allow her. And if a court order is filed all we have to do is go to court and have them hear out our case. Her family is disfuntional and has problems, and the fact that my g/f is no longer doing drugs because of the people she is around also affects the decision. What the law says and how it is interpreted can be two diffrent things. She has never been in trouble with the law and makes average grades in school, she is in the top 25%. Also the fact that the parents allowed her to stay there also has some weight and also the statements made that day will also come into play once this happens.
This is happening tomorrow, just to let u know and ive called the Texas runaway hotline and my local police department and both agree with me that she is most defenatly going to stay where she wants to.
Anonamous postings without statutory law to back them up.
Like I said, Good luck, and speak nice to the cops.
Iknowit
01-02-2007, 09:25 PM
well, i know plenty of people who moved out at 17 without consent from their parents in the town i live in and the police did nothing so i shes safe without a doubt.
And i know better than to get a attitude with cops now that im 18, im sorry if i came off like a know it all but to me it seems very cut and dry, at least where im located that the police will not get involved if 17 yea old moves out.
turbowray
01-03-2007, 12:24 AM
The age at which a person is considered an adult in the state is 18, not 17. The 17-years of age pertains to two other issues, the age at which the person may have consensual sex, and the age at which a person can be tried as an adult for certain criminal offenses. Texas law enforcement will not get involved in a situation where a minor leaves home w/o parental permission, until that person's parents or guardian file a request and receive a order of requisition from the court to have the minor returned to their custody or the custody of juvenile authorities. Furthermore, any person(s) who aid a minor in such circumstances such as allowing them to live in their home, renting them a room, assisting in transportation, etc. can be held criminally and civilly responsible for contributing to the delinquency of said minor. (TS/TFC Title 2)
I found this on another site, it would be a shame, if your best friends parents got charged with a crime, because you did not want to wait until you were 18 to move out. Sir, with all due respect, if there is any type of court order, and you stand in thier way, you will be charged with interfering with police officer, and you may very well face the same charges, as the ones who took her in, so please stay out of it. If you really want to help, hire her an attorney, that could help her out, with the facts of the law, and not out of emotions, because you love this girl. Good luck, and tell me how it goes!
Let me repeat myself, IF THEY GET AN ORDER OF REQUISITION, FROM THE COURTS, TO HAVE THE MINOR RETURNED TO THIER PARENTS, OR LEGAL GUARDIANS, OR TO THE JUVENILE AUTHORITIES, THEN AND ONLY THEN DO THE POLICE HAVE TO, I REPEAT, HAVE TO, DO AS THE ORDER STATES, AND RETURN THE CHILD. There, I am done yelling. The officer is right, if no order from the court has been issued, but once it is, if the officer refuses to obey the order, the judge who issued it, would have many things to say, and do to this officer that you spoke to.
turbowray
01-03-2007, 12:27 AM
witch is why i called the Police station and even asked them about it and they said that the police cannot do anything about it......you guys really need to get with it.....it doesnt matter if she is an adult or not, she is 17 and under te Juvenile Justice Code, Family Code title 3 pritty much sums up that the age of the child is significant because a seventeen-year old who voluntarily leaves home without parental consent and without intending to return may not be taken into custody. A seventeen-year-old is not considered a "child" under the Juvenile Justice Code.
Her parents are to poor to do anything anyways. Now we could just have the authority of a judge decide what is best and it may come down to that, but i doubt it, her parents do not know the law and are not going to have any idea what to do when the cop says he cannot touch this. So being illegal or not it wont matter.
So she is going to get what she wants and her parents, witch are doing this because they are embarassed over the fact that the family she is living with has more money than they do. Now although it may be an opinion, it all comes down to the rational thinking of a officer, since i have called in and requested for the officer who was called out when she was 16 to be their, who also even said when she is 17 she has the right to move out.
Now "mommyof4" would you not say that she is not going to go home with her parents now? laws are laws but its a person reasonable interpretation of the law that really matters. What do you think a judge does? Its like when a wife murders her husband because he beats her everyday, exept in much more lower terms. Yes she murdered him but because of the situation it was considered by the judge to be ok. And an officer is the first hand judge to the situation. If the officer finds it fit for her to live their then he will allow her. And if a court order is filed all we have to do is go to court and have them hear out our case. Her family is disfuntional and has problems, and the fact that my g/f is no longer doing drugs because of the people she is around also affects the decision. What the law says and how it is interpreted can be two diffrent things. She has never been in trouble with the law and makes average grades in school, she is in the top 25%. Also the fact that the parents allowed her to stay there also has some weight and also the statements made that day will also come into play once this happens.
This is happening tomorrow, just to let u know and ive called the Texas runaway hotline and my local police department and both agree with me that she is most defenatly going to stay where she wants to. Yes, she can stay there, until a court order forces her to return. Are you a lawyer, do you override the law? Can you tell a judge, that issues these papers, to mind his own business? I am all for someone being happy, because 17 is soooo close to 18, but the law, is the law, we don't have to like it, but we do have to respect it.
Iknowit
01-03-2007, 08:40 PM
well guess what, it worked out the way i told you it was going to, shes staying, and i doubt her parents are going to do anything because they have 3 other kids and are poor so i doubt they can drop 600 dollars, and thats actually very low, to get a court order. So their is nothing anyone can do now and im content with everything so w00t! And its not like she is staying for the wrong reasons eaither, her family is messed up......and no im not a lawyer but i know for a fact that if she was to go to court and plead her case that the judge would lets her stay.
MrsKnowitall
01-03-2007, 09:17 PM
so which is it. Do you have this poor girl pregnant? or are you giving her bad advice. You had better check you information out before you give her bad advice. SHE and YOU and ANYONE else involved could be standing in front of the judge pleading their case. It would be ashame that the whole bunch of you could have a court order against you and it end up on your record permanently. Hope there are not any kids involved? CPS will get their hands on them and send them some where else to live. What a mess!!!!!!!
turbowray
01-03-2007, 10:14 PM
well guess what, it worked out the way i told you it was going to, shes staying, and i doubt her parents are going to do anything because they have 3 other kids and are poor so i doubt they can drop 600 dollars, and thats actually very low, to get a court order. So their is nothing anyone can do now and im content with everything so w00t! And its not like she is staying for the wrong reasons eaither, her family is messed up......and no im not a lawyer but i know for a fact that if she was to go to court and plead her case that the judge would lets her stay.
You may be amazed at how fast a parent could come up with money for thier child. If it were my child, and you were laughing in my face like this, I would go to any length, to get that court order, and shove it down your throat. By the way, if where she lives, they let you stay the night, or give her alcohol, or do anything, that the law deems unsafe, she is gone out of there quickly, and charges will be made toward the ones whom she is staying with now. I hope for her sake, this is a decision, that will not ruin her life. You have such dissrespect for an overprotective parent, I have dissrespect for one who claims to love someone so much, but not enough, to get along with her own parents. Is she having sex with you? Is she pregnant? If it is found, that you two had sex before she turned 17, and you were 18, the parents can put you in jail. The legal age of consent is 17, and it sounds like you two have been going out alot longer than that. IF her parents are aware that you two have had sex, prior to her turning 17, you can bet your ***, now that you pissed them off, that they will do thier best to do anything they can to hurt you. Funny thing about parents, we do the unexpected, when backed in a corner, they are in a corner, and you are thier worst enemy now, so I wish you luck!
turbowray
01-03-2007, 10:18 PM
im not a lawyer but i know for a fact that if she was to go to court and plead her case that the judge would lets her stay.[/QUOTE]
Aaand you know this how? Do you have that crystal ball, do you have the judge paid off? Heck, I think you wanted her to move here to have sex with her as you please, because the parents would not let you stay the night with her at thier home, but that is just an assumption. Hmmmmm......
Iknowit
01-04-2007, 07:11 PM
heh, no one is pregnant, and since you all worder about the circumstances of why she is doing this then i might as well tell you. So anyone here raise your hand if you've ever been beat before? I mean really beat, your room torn to **** and then having your skateboard bashed aginst your head and then having your father slug you in the face about 4 times? Even seen the end result of that? Or how about having druggy parents? Its not very plesent to come home to your parents token it up in the living room....her parents have the problems not her, and she is willing to do everything in her power to get away from it. Now do you guys really think the law is rock solid? You really think if this was brought up to the judge, and thats only just two of the several others, that he would let her stay? I think there is no way they could come up with the money because that would mean they couldn't toke up for a while. I've even seen them do it. So now that I've been sterotyped as to being some 18 year old who thinks with his penis....I guess it doesnt matter that i say i care for this girl enough to get her away from her selfish, addicted parents. Oh yea and how would you like to live in a house...no i dont even think you could consider the "thing" they are going to be living in a house considering the condition its in. But anyone how would you like to live in a "house" that was built in the 1950's and hasnt had a single touch up or any type of remodeling done to it since then. Owned by her mothers mother, her grand-mother, this things got 5 rooms in it and a bathroom. A living room, the grandparents bed room, A room for an uncle that lives their to take care of the grandparents, a room to sit down in, and a room that her father is currently working onto the house for their family to live in. Yep, their master plan is to move back to pasedena and live with their parents....sounds like a great family get together. So lets count the amount of people living in this house. The grandfather, the grandmother, the mom, the dad, her brother, her sister, her other brother, the uncle, and her. 9 people living in a 5 room house. Yea thats the life right their. Why would parents even drag their kids through that? I know why!!!!!! They really dont care about them. Her parents don't diserve her and everything she is doing is to make her life better. SO.....is that not good enough for anyone out their?!?
demartian
01-04-2007, 07:25 PM
heh, no one is pregnant, and since you all worder about the circumstances of why she is doing this then i might as well tell you. So anyone here raise your hand if you've ever been beat before? I mean really beat, your room torn to **** and then having your skateboard bashed aginst your head and then having your father slug you in the face about 4 times? Even seen the end result of that? Or how about having druggy parents? Its not very plesent to come home to your parents token it up in the living room....her parents have the problems not her, and she is willing to do everything in her power to get away from it. Now do you guys really think the law is rock solid? You really think if this was brought up to the judge, and thats only just two of the several others, that he would let her stay? I think there is no way they could come up with the money because that would mean they couldn't toke up for a while. I've even seen them do it. So now that I've been sterotyped as to being some 18 year old who thinks with his penis....I guess it doesnt matter that i say i care for this girl enough to get her away from her selfish, addicted parents. Oh yea and how would you like to live in a house...no i dont even think you could consider the "thing" they are going to be living in a house considering the condition its in. But anyone how would you like to live in a "house" that was built in the 1950's and hasnt had a single touch up or any type of remodeling done to it since then. Owned by her mothers mother, her grand-mother, this things got 5 rooms in it and a bathroom. A living room, the grandparents bed room, A room for an uncle that lives their to take care of the grandparents, a room to sit down in, and a room that her father is currently working onto the house for their family to live in. Yep, their master plan is to move back to pasedena and live with their parents....sounds like a great family get together. So lets count the amount of people living in this house. The grandfather, the grandmother, the mom, the dad, her brother, her sister, her other brother, the uncle, and her. 9 people living in a 5 room house. Yea thats the life right their. Why would parents even drag their kids through that? I know why!!!!!! They really dont care about them. Her parents don't diserve her and everything she is doing is to make her life better. SO.....is that not good enough for anyone out their?!?
First of all, you just insulted half of NY with your 9 people in a 5 room house speech...
Second of all, yes, I DO know exactly what you are talking about, so, she goes to the police department and reports them... That way, 20 years from now, she won't go on about how her parents got away with everything and things aren't fair.
Iknowit
01-04-2007, 07:32 PM
she doesnt want to put them under more than they already are but if they try anything like a court order or filing a missing persons report, even though they couldnt do that since they know the whereabouts of her, she told them she will so i doubt there going to be doing anything. and Mrsknowitall what exactly is bad advise? The people she is living with are not disfuntional, and infact are a very big improvement compared to her parents.They treat her like one of their own kids, have room for her,they are not the type to offer alcohol to her, shes living with her best friends family. That includes a mother, father, 2 sons, and a doughter in a nice big comfortable safe house.
demartian
01-04-2007, 07:36 PM
she doesnt want to put them under more than they already are but if they try anything like a court order or filing a missing persons report, even though they couldnt do that since they know the whereabouts of her, she told them she will so i doubt there going to be doing anything.
Not a good idea, this is just as bad as the abused women that go for a protection order only when the husband is stalling divorce/custody issues... The courts will see her claims as an attempt to throw a wrench in her parent's plans and won't listen to her. It's been done too many times. If they are abusing her, then they need to take responsibility for doing illegal things now.
NeedsAdviceASAP
01-04-2007, 07:36 PM
Thanks IKnowIt! i tole everything you explained to my girlfriend and it worked! she was in a similar situation, just minus the drug-addicted part, and everything is great! Thanks again! :D
Iknowit
01-04-2007, 07:59 PM
she made statments the first time she tired to move out when she was 16, CPS is already looking into the abuse and the house they will be living in but not the drugs, the drugs would be the killer. All their kids would be taken away. She is actually helping them by moving out because thats one less person in the house in pasedena.
demartian
01-05-2007, 06:57 AM
she made statments the first time she tired to move out when she was 16, CPS is already looking into the abuse and the house they will be living in but not the drugs, the drugs would be the killer. All their kids would be taken away. She is actually helping them by moving out because thats one less person in the house in pasedena.
But is she helping the other children by not continuing to report it? I mean, they still have to live there...
Iknowit
01-05-2007, 11:27 AM
its up to her, she asked for my help to find things out and thats all im doing, she is the one who makes the decisions about what she is going to do. I told her the exact same thing.
turbowray
01-05-2007, 04:36 PM
My apologies, but you have to admit, half of these assumptions would not have been around, if you would have just told us, the situation. Had she ever went to her school counselor, and told him/her of the abuse. They are usually very affective, in getting results. Did she go to the police, on one of the nights she was bloodies by the assault? As mentioned above, she may be setting herself up, by not doing so, before any papers are filed by the parents (if they are balsy enough to do so). I myself, do not understand how a parent can hurt someone from thier own blood? I do appreciate you coming here, to find out information, please pass on our worries. Here is how the courts will view it. Minor wants to move out, she runs away, with the knowledge of where she is staying. She is aware that the other kids are around still (yet she does not worry enough to protect them, which makes her claims of abuse less credible). The parents file a report, the police come to get her. She gets her day in court, but until then, she is released to thier custody. What happens when she is there? The abuse was bad enough before. There are no guarantees, that they will wisk her to custody, and keep her there, until she can face a judge, to tell him why she should once again, be released from the parents custody. If they do take her to court first, and she makes these claims, with no marks, no pictures of injuries, from assaults before now, the courts have no reason to believe this, and the fact that she has run away before, does not make her credible. I, as you, would want to make sure that there will be no returning her, to this abusive situation. She must make a police report, she must inform her counselor what has happened, and why she is in the house she is in now. Please, we are not asking that you bring her back into this, we are asking you, for her sake, to get the law on her side!! Good luck to you both!
Iknowit
01-05-2007, 09:29 PM
the abusive one is her father and both parents smoke. I told her to report them both but she says she still loves them and it would make things alot harder on them. If my parents were as messed up as hers i dont think i could ever love them, but i guess its a girl thing, i dont know. She took most of the beatings because she ran away when her parents fought, the police were not called in but her dad always found her because she had no where to go but friends houses and that was way back when she was 12-15. Now that she is older the abuse has subsided a little and he would probably would of beat her the night the police forced her to leave with him unless she didnt make a statement of the abuse. CPS were alerted of their situation but i havnt heard of them doing anything yet about it.I do have one question about reasonable doubt. I know you cant go up to a police officer and say this guy smokes weed and the officer hops up and searches the vehicle or him, so how would we do it? Would she have to report him to the police herself randomly? Does it have to be a family member? Also, the grandmothers house they are adding a room onto, what about that? What can we do their, the smartest thing to do? Also, verbal abuse to her from her mom and dad? Because she calls everyday to tell them she is ok. They are really trying to make her feel bad. Today her mom had a nice long talk with her about how she was one of the biggest reasons why they were doing so good, because they were a whole lot worse off 17 years ago. She is the oldest child and she is telling her that no one could ever hurt her mom as much as she is right now, and we are telling her they are only telling her that to make her feel bad. And the last thing she said was that she won't be allowed to come to her baby brothers first birthday and then laughed histarically while hanging up.......I dont get people. But i do know parents cant lock their child out until they are 18 but why she would want to go back to them i wouldnt know....
MrsKnowitall
01-05-2007, 09:33 PM
Surely you have spoke with your parents "Iknowit". How do they feel about this situation? I am sure they are very uncomfortable in not knowing what the future brings as far as you and your girlfriend. Do you think it is fair to them? I am sure they care about you and your future? Don't blow it.
demartian
01-06-2007, 09:03 AM
the abusive one is her father and both parents smoke. I told her to report them both but she says she still loves them and it would make things alot harder on them. If my parents were as messed up as hers i dont think i could ever love them, but i guess its a girl thing, i dont know. She took most of the beatings because she ran away when her parents fought, the police were not called in but her dad always found her because she had no where to go but friends houses and that was way back when she was 12-15. Now that she is older the abuse has subsided a little and he would probably would of beat her the night the police forced her to leave with him unless she didnt make a statement of the abuse. CPS were alerted of their situation but i havnt heard of them doing anything yet about it.I do have one question about reasonable doubt. I know you cant go up to a police officer and say this guy smokes weed and the officer hops up and searches the vehicle or him, so how would we do it? Would she have to report him to the police herself randomly? Does it have to be a family member? Also, the grandmothers house they are adding a room onto, what about that? What can we do their, the smartest thing to do? .
Not sure what you mean about the grandmother's house... The size? As I've stated there before, a lot of the country lives in much less, there won't be an argument there. Example, I sold a 4 room, 1 bathroom house in NY a little over a year ago. The size was about 1,400 square feet. There were 4 living there, now there is 7 living there. Space was just fine.
As for the police searching the father, they need a reasonable suspicion to search. Not sure if just the daughter reporting it would do.
jaxbear
01-11-2007, 06:40 PM
okay so I read alot of what was posted above, but I begain to get annoyed my the repption and no one seemed to have asked the question about abusive situations. Now my friend is not Abused physicly, but her parents are not a good match and fight ALOT!! She has become a severe depressive! I worrie about her alll the time and I just want to know how she could move out of her situation, her mother has said "yes when your 18 you can move out thats fine" and she has done some research but her reserch came out completly different than mine has so far. like I said tho I feel her housing situation is putting danger towards her LIFE! there has to be some kind of law alowing her to move out, her family has little little money, her mother smokes weed on occasions, and they never seem to give a rats *** (excuse my french) but they really are the worst parents I've ever seen, she is a maid to them.,... also I know it is law that the parents can take a minors money from a job and all that laws but you have to say it's pure wrong to do so and she worked her butt off to make enough money to get herself something nice and he mom steals it to buy drugs! SEE she lives in a horrable house hold, and you may think I exaggerrate but I don't! they truly do use her as a maid, even if that means she has to miss school to clean house and take care of a relitive she lives with... so plz someone help me find away around the system she has to get out of that house asap ,but she's only 17 and she has no money! things are going down hill for her recently and really fast!!I fear for her Life!
demartian
01-11-2007, 07:16 PM
okay so I read alot of what was posted above, but I begain to get annoyed my the repption and no one seemed to have asked the question about abusive situations. Now my friend is not Abused physicly, but her parents are not a good match and fight ALOT!! She has become a severe depressive! I worrie about her alll the time and I just want to know how she could move out of her situation, her mother has said "yes when your 18 you can move out thats fine" and she has done some research but her reserch came out completly different than mine has so far. like I said tho I feel her housing situation is putting danger towards her LIFE! there has to be some kind of law alowing her to move out, her family has little little money, her mother smokes weed on occasions, and they never seem to give a rats *** (excuse my french) but they really are the worst parents I've ever seen, she is a maid to them.,... also I know it is law that the parents can take a minors money from a job and all that laws but you have to say it's pure wrong to do so and she worked her butt off to make enough money to get herself something nice and he mom steals it to buy drugs! SEE she lives in a horrable house hold, and you may think I exaggerrate but I don't! they truly do use her as a maid, even if that means she has to miss school to clean house and take care of a relitive she lives with... so plz someone help me find away around the system she has to get out of that house asap ,but she's only 17 and she has no money! things are going down hill for her recently and really fast!!I fear for her Life!
Has she spoken to someone at her school? About her parents having her stay home from school for any reason other than HER being too sick to go? There are others that can help, although, she won't be allowed to just MOVE OUT. The state will end up sending her to another home/foster care or setup a guardianship with another relative.
jaxbear
01-12-2007, 12:56 PM
she has spoken with a counciler at school, but all I know about that was someone found a letter she wrote that talked about her being depressed and frustrated with her parents ect. I don't think they took it to seriously and I don't think they want to get involved with home things, we have a crap school! she turns 18 sept. 30th so I'll just have to watch out for her till then ... I think its stupied the state has laws that stop children from leaveing situations like hers!
turbowray
01-12-2007, 10:15 PM
I am sorry, and I feel your frustration. For the record, if 3 people call children services devision, anonymously (SP)?, and report the something against someone, they are have to go and check on it, and it is in the system, so if something is reported later, involving the other children in the home, they will not have to have 3 reports, from then on, every complaint will be checked. This may help the remaining kids in the home. The reason why I say this, is because I filed 2 complaints against 2 different child care providers, so my name was in the stystem, that had to do with children services (even though they were MY complaints, it did not say that on the computer). So, one day, I fire, the girl, that the complaint was against, for leaving my girls unattended, at the park, 2 blocks from home, and she retaliated, by calling in some bogus charges, like I locked the girls in thier room, and had knives laying all over the floor. To make a long story short, that made the computer reveal, that it was the 3rd. notification of any kind with children services division, so they told me that they had to check on it. Everything was dropped, and I think they have changed the computer system, so it can be determined how many were complaints are filed by, and against a person. Soooo, this is why I can say, that 3 calls against one family, will get results. Good luck to you!!! (the reports have to be by 3 different people, not 3 from the same person)
emsterrx3
01-13-2007, 05:00 AM
i'm in a lot of the same situations as many people who have posted a question/comment. except i am only fifteen years old and have some different grounds for the hopes of emancipation. i was wondering if anyone would be able to direct me to a site or book or something of that sort that could hopefully show the laws of emancipation specific to New York, seeing as that's where i live now and would plan on staying if emancipated.
any help would be greatly appreciated.
demartian
01-13-2007, 06:18 AM
i'm in a lot of the same situations as many people who have posted a question/comment. except i am only fifteen years old and have some different grounds for the hopes of emancipation. i was wondering if anyone would be able to direct me to a site or book or something of that sort that could hopefully show the laws of emancipation specific to New York, seeing as that's where i live now and would plan on staying if emancipated.
any help would be greatly appreciated.
There are no emancipation laws in New York.
goodhrtd_wmn
01-13-2007, 09:52 PM
I wanted to know, if my daughter is 17 and she lives with her Father but we have "joint custody" but the father is the custodial parent. Does my daughter have to have both mine and her fathers approval to move out of her fathers home at the age of 17? I live in Calif and she would like to move in with her 19 yr old boyfriend and his parents. I think it would be in her best interest to do that but I doubt her father will agree. Does the law state both parents have to agree? Can it be just one parent that allows it, and further more the NON custodial parent?
Please advise, Thank you
goodhrtd_wmn
01-13-2007, 09:55 PM
PS she lives in Texas with her Father (custodial parent). I live in California (non custodial parent) and she wishes to stay in Texas.
Thank you
pty
01-13-2007, 10:59 PM
I wanted to know, if my daughter is 17 and she lives with her Father but we have "joint custody" but the father is the custodial parent. Does my daughter have to have both mine and her fathers approval to move out of her fathers home at the age of 17? I live in Calif and she would like to move in with her 19 yr old boyfriend and his parents. I think it would be in her best interest to do that but I doubt her father will agree. Does the law state both parents have to agree? Can it be just one parent that allows it, and further more the NON custodial parent?
It sounds like you have joint legal custody and Dad has physical custody, so Daughter needs Dad’s permission. If she leaves without his permission, he can report her as a runaway and charges can filed against anyone would took her in (Boyfriend/his parents). And Dad might then decide to petition the court for FULL legal custody, and he might have a decent shot at getting it. I'm sorry to say this, but there’s a very good chance the court would not look favorable on a Mom who was willing to give permission for her minor daughter to move in with her adult boyfriend (I don’t care if his parents do live there). I’m just curious…why do you think it would be in her best interest? I’m assuming Dad’s not unfit?
turbowray
01-14-2007, 11:48 AM
I am very curious also, and why wouldn't she just want to move in with you, if he is unfit? I would also say, that because the judicial system is soooo slow with anything, that she may be 18, before you can iron out any legal help (unless dad is being abusive).
jaxbear
01-14-2007, 12:11 PM
yes,but the problem is that I am the only one she lives for you know? And if I call in and report them they will take her away so she can't even see ME!! and I fear that will cause more depression for her. but with her parents being such dope heads if we told them the law said she could go they'd probly beleive it ... but thats how the world spins! and she is an only child, thank God cuz these people aren't cut out to raise a kid.
goodhrtd_wmn
01-14-2007, 06:52 PM
It sounds like you have joint legal custody and Dad has physical custody, so Daughter needs Dad’s permission. If she leaves without his permission, he can report her as a runaway and charges can filed against anyone would took her in (Boyfriend/his parents). And Dad might then decide to petition the court for FULL legal custody, and he might have a decent shot at getting it. I'm sorry to say this, but there’s a very good chance the court would not look favorable on a Mom who was willing to give permission for her minor daughter to move in with her adult boyfriend (I don’t care if his parents do live there). I’m just curious…why do you think it would be in her best interest? I’m assuming Dad’s not unfit?
There are extenuating circumstances as to why her Dad has physical custody of her. I basically was the "victim" before I left, he was verbally and emotionally abusive with me and also an alcoholic. I got arrested because he got in my face pushed me around and then I slapped him with an open hand, I then called the police and because I slapped him I got arrested for assualt. The courts looked at me as the violent one when in fact he was really the abuser not me. I lost custody of her because when she was 12 he took her to his lawyer and had her sign an affidavit stating she wanted to live with him. She didn't understand what she was signing at the time.
This happened in 2002, since then I have moved back to Calif, and she has always lived with Dad. Over the course of time he continued to be verbally and emotionally abusive with her. She has now come to the point where she does not want to stay there any longer, her grades are failing and she is emotionally a wreck. So instead of waiting until she is 17, which is in 30 days, she wants to leave NOW. She loves her boyfriend and wants to be with him and his family treats her well.
I tried to get her to wait but she refuses, I pray that she does not get found by the police because they will just put her back with her Dad. She is better off anywhere but there. I was hoping that with my approval only there was something I could have done. I trust in the Lord that things will be ok.
Thank you for the advise.
goodhrtd_wmn
01-14-2007, 06:56 PM
I am very curious also, and why wouldn't she just want to move in with you, if he is unfit? I would also say, that because the judicial system is soooo slow with anything, that she may be 18, before you can iron out any legal help (unless dad is being abusive).
Turbowray here is the response I posted:
There are extenuating circumstances as to why her Dad has physical custody of her. I basically was the "victim" before I left, he was verbally and emotionally abusive with me and also an alcoholic. I got arrested because he got in my face pushed me around and then I slapped him with an open hand, I then called the police and because I slapped him I got arrested for assualt. The courts looked at me as the violent one when in fact he was really the abuser not me. I lost custody of her because when she was 12 he took her to his lawyer and had her sign an affidavit stating she wanted to live with him. She didn't understand what she was signing at the time.
This happened in 2002, since then I have moved back to Calif, and she has always lived with Dad. Over the course of time he continued to be verbally and emotionally abusive with her. She has now come to the point where she does not want to stay there any longer, her grades are failing and she is emotionally a wreck. So instead of waiting until she is 17, which is in 30 days, she wants to leave NOW. She loves her boyfriend and wants to be with him and his family treats her well.
I tried to get her to wait but she refuses, I pray that she does not get found by the police because they will just put her back with her Dad. She is better off anywhere but there. I was hoping that with my approval only there was something I could have done. I trust in the Lord that things will be ok.
Thank you for the advise.
goodhrtd_wmn
01-14-2007, 06:57 PM
yes,but the problem is that I am the only one she lives for you know? And if I call in and report them they will take her away so she can't even see ME!! and I fear that will cause more depression for her. but with her parents being such dope heads if we told them the law said she could go they'd probly beleive it ... but thats how the world spins! and she is an only child, thank God cuz these people aren't cut out to raise a kid.
JAXBEAR,
They were responding to my post not to whatever you are talking about....... read the post again.
demartian
01-14-2007, 07:01 PM
JAXBEAR,
They were responding to my post not to whatever you are talking about....... read the post again.
It is very confusing to follow since this is a really old thread that has had numerous people posting on. An easier solution would be if everyone started their own thread so that we can give answers to the one particular question on the thread.
turbowray
01-17-2007, 03:04 AM
Here, here!
torkora
02-03-2007, 07:40 AM
[QUOTE=ACc083;16097]***TEXAS***
Unfortunately, it is not "legal" to "move out" of your parents house when you are 17 without their permission.
I have a strange situation related to this. My wife gave birth to a girl 2 months before I met her. She gave the girl to her brother and his wife, who adopted her, and my wife signed away all her legal rights, so the brother is the legal father etc.
He has a large family and his wife has homeschooled the children and done a good job. When the oldest boy, and my neice who is the number 2 child in age, began reaching high school age, the mother felt she couldn't educate them adequately with the other children. So she asked the father to put them in high school.
To make a long story short, he feels that women don't need an education beyond doing the checkbook and being mothers. (he wasn't like this when my wife gave the girl to him) and he is letting both the oldest boy and the one younger than my neice attend high school, but won't let her go.
He pretends to still be homeschooling her but is in effect just waiting until she can get her GED. There is no legal way to force him to educate her in any specific way.
She is now 16 and wants, not only to go to school, but just to live a normal teenage life. She's not a delinquent and does what she's supposed to.
She knows my wife is her mother and she loves us and we love her. She has visited for long periods in the past, and we would gladly take her.
We are both upstanding, employed citizens and have a nice house etc. We have no children of our own.
She looks to us as her only escape from that environment, and I consider it abusive to treat a girl as though she is a second class citizen.
We attempted to get the father to let her live with us and he refused. We went so far as to tell him we weren't bringing her back when she visited recently.
He called the police and they came and got her.
Now for the 17 issue. I've read your posts on the law as it's written. When I was about 20 and stupid, I was dating a girl that was 17. She wanted to live with me, I didn't do drugs etc by the way. I called the local police and they told me that they would not force her to go home if she was there of her own free will.
Her mother came to get her and the police made the mother and her boyfriend leave my property. They did not make her go home.
I have since contacted another Texas sheriff's department to confirm that is still their procedure and they confirmed that it was.
I don't know what the law says, but the actual inforcement of it seems to be different. I wonder if anyone else has any input or similar experiences, as we are planning to let her come live with us when she's 17 and get her in school.
mommyof4
02-03-2007, 08:08 AM
Methinks either your brother in law is on this board as well, or you are in fact the same person posting as two.
Either way, we now have 2 sides to the same story. The bottom line is that you and your wife are legal strangers to this child. Niether of you have any right to have any contact with her at all, except at the discretion of her legal parents. Homeschooling a child is not illegal. Your interference IS illegal. When she is 18, she can make the decision as to where she will live, not 17. If you are, in fact, who you portray yourself to be, you should feel grateful and lucky that you and your wife are not facing a multitude of criminal charges, not the least of which is kidnapping.
Now, please stop adding your story on to dead threads. Start your own.
WantingAnswers8963
02-03-2007, 08:41 AM
i am about to be 17 in less than three weeks and i dont want to move out of my parents house i want to move out of my moms house to live with my dad. i was wondering how i would go about doing that?
demartian
02-03-2007, 09:25 AM
i am about to be 17 in less than three weeks and i dont want to move out of my parents house i want to move out of my moms house to live with my dad. i was wondering how i would go about doing that?
It's best to start your own thread so that nobody gets confused. Have your dad file for custody of you with the courts. That is the only way a custody change can take place.
Dr Vince
02-03-2007, 01:33 PM
[QUOTE=ACc083;16097]***TEXAS***
Unfortunately, it is not "legal" to "move out" of your parents house when you are 17 without their permission.
I have a strange situation related to this. My wife gave birth to a girl 2 months before I met her. She gave the girl to her brother and his wife, who adopted her, and my wife signed away all her legal rights, so the brother is the legal father etc.
He has a large family and his wife has homeschooled the children and done a good job. When the oldest boy, and my neice who is the number 2 child in age, began reaching high school age, the mother felt she couldn't educate them adequately with the other children. So she asked the father to put them in high school.
To make a long story short, he feels that women don't need an education beyond doing the checkbook and being mothers. (he wasn't like this when my wife gave the girl to him) and he is letting both the oldest boy and the one younger than my neice attend high school, but won't let her go.
He pretends to still be homeschooling her but is in effect just waiting until she can get her GED. There is no legal way to force him to educate her in any specific way.
She is now 16 and wants, not only to go to school, but just to live a normal teenage life. She's not a delinquent and does what she's supposed to.
She knows my wife is her mother and she loves us and we love her. She has visited for long periods in the past, and we would gladly take her.
We are both upstanding, employed citizens and have a nice house etc. We have no children of our own.
She looks to us as her only escape from that environment, and I consider it abusive to treat a girl as though she is a second class citizen.
We attempted to get the father to let her live with us and he refused. We went so far as to tell him we weren't bringing her back when she visited recently.
He called the police and they came and got her.
Now for the 17 issue. I've read your posts on the law as it's written. When I was about 20 and stupid, I was dating a girl that was 17. She wanted to live with me, I didn't do drugs etc by the way. I called the local police and they told me that they would not force her to go home if she was there of her own free will.
Her mother came to get her and the police made the mother and her boyfriend leave my property. They did not make her go home.
I have since contacted another Texas sheriff's department to confirm that is still their procedure and they confirmed that it was.
I don't know what the law says, but the actual inforcement of it seems to be different. I wonder if anyone else has any input or similar experiences, as we are planning to let her come live with us when she's 17 and get her in school.
I think it is kind of interesting that this individual claims that his brother in law has done a good job of raising his family including the girl in question and yet he wants to break up her life and family, turn her against them, and establish himself as the father now that the child is over 16. My guess is that this individual nor his supposed wife, the biological mother, have contributed one red cent to this girl's upbringing. I would guess that because the law didn't require them to pay child support, they never offered assistance. As if you should only support a child if ordered by the court. In other words, what was to stop them, if as he stated he entered his supposed wife's life shortly after the adoption, from contributing to this child's upbringing? The answer is nothing but selfishness and yet he claims to now love the child.
He openly claims that when he was twenty he was involved in an immoral relationship with a child and yet because he wasn't arrested then, now all sixteen and seventeen year old girls have the right to live with him if they so choose. He says that he was stupid then and I would suggest that the same applies now, along with immoral behavior. Something doesn't always have to be against the law to be immoral.
He states that the father refused his permission as to the girl living with him and his supposed wife and yet he would encourage the child to not honor her father with obedience and claim he loves her.... this after from his own admission that the child was allowed by the father to visit and establish a relationship with her birth mother to begin with!
This man also claims that he is married to the biological mother and yet my guess is that he is living in adultery. One or both of them is more than likely married to someone else, whether by Texas law or by God's law. I know that not many people believe in God these days, but it is in the Holy Scripture that he that marries a divorced women or divorces and remarries himself is living in adultery. I would suggest that this is one of the main reasons that this individual is so blinded to his immoral actions.
People like this man are so hardened in their heart, they have lost grip with reality and moral behavior.
Dr Vince
02-05-2007, 06:19 PM
[QUOTE=ACc083;16097]***TEXAS***
Unfortunately, it is not "legal" to "move out" of your parents house when you are 17 without their permission.
I have a strange situation related to this. My wife gave birth to a girl 2 months before I met her. She gave the girl to her brother and his wife, who adopted her, and my wife signed away all her legal rights, so the brother is the legal father etc.
He has a large family and his wife has homeschooled the children and done a good job. When the oldest boy, and my neice who is the number 2 child in age, began reaching high school age, the mother felt she couldn't educate them adequately with the other children. So she asked the father to put them in high school.
To make a long story short, he feels that women don't need an education beyond doing the checkbook and being mothers. (he wasn't like this when my wife gave the girl to him) and he is letting both the oldest boy and the one younger than my neice attend high school, but won't let her go.
He pretends to still be homeschooling her but is in effect just waiting until she can get her GED. There is no legal way to force him to educate her in any specific way.
She is now 16 and wants, not only to go to school, but just to live a normal teenage life. She's not a delinquent and does what she's supposed to.
She knows my wife is her mother and she loves us and we love her. She has visited for long periods in the past, and we would gladly take her.
We are both upstanding, employed citizens and have a nice house etc. We have no children of our own.
She looks to us as her only escape from that environment, and I consider it abusive to treat a girl as though she is a second class citizen.
We attempted to get the father to let her live with us and he refused. We went so far as to tell him we weren't bringing her back when she visited recently.
He called the police and they came and got her.
Now for the 17 issue. I've read your posts on the law as it's written. When I was about 20 and stupid, I was dating a girl that was 17. She wanted to live with me, I didn't do drugs etc by the way. I called the local police and they told me that they would not force her to go home if she was there of her own free will.
Her mother came to get her and the police made the mother and her boyfriend leave my property. They did not make her go home.
I have since contacted another Texas sheriff's department to confirm that is still their procedure and they confirmed that it was.
I don't know what the law says, but the actual inforcement of it seems to be different. I wonder if anyone else has any input or similar experiences, as we are planning to let her come live with us when she's 17 and get her in school.
One more interesting note about this post is that this man says that the mother of the sixteen year old has done a good job home schooling the children in his first statement and then he goes on to say how it is all an insidious plot to keep the sixteen year old at home. He considers it abusive to treat women as second class citizens.
I and I am sure many others would consider it abusive to allow children to attend today's public schools without very grave cause. The way the young girls dress today to "fit in" is immodest, the grave dangers in and out of the classrooms is why so many people are home schooling, I would consider it abusive if a father didn't make every effort to protect the young girl from the world.
If this man thinks that the father is abusive for the supposed sin of home schooling, then let me share what true abuse may really be. True abuse is leading children into immoral lifestyles. True abuse is turning children against their parents with no just cause. True abuse is also abandoning ones biological child out of selfishness and a refusal to own up to responsibility. This may hurt, but it is true. Adoption in itself is not abusive; however, if the child was given up out of selfishness on part of the mother and father, then it is abusive. No I don't know the details as to why the biological mother gave the child up, but it wouldn't be hard to guess because of the actions of this man and his supposed wife, that it was nothing more than the selfishness of not wanting the responsibility disguised as "honorable".
The father of the sixteen year old has a large family of his own and he and his wife took in a baby whom the parents didn't want period. Instead of thanking them for their unselfishness, this man accuses the girl's father of being abusive. Me thinks he might want to look in a mirror to find the true abuser.
turbowray
02-05-2007, 07:59 PM
[QUOTE=torkora;859033]
One more interesting note about this post is that this man says that the mother of the sixteen year old has done a good job home schooling the children in his first statement and then he goes on to say how it is all an insidious plot to keep the sixteen year old at home. He considers it abusive to treat women as second class citizens.
I and I am sure many others would consider it abusive to allow children to attend today's public schools without very grave cause. The way the young girls dress today to "fit in" is immodest, the grave dangers in and out of the classrooms is why so many people are home schooling, I would consider it abusive if a father didn't make every effort to protect the young girl from the world.
If this man thinks that the father is abusive for the supposed sin of home schooling, then let me share what true abuse may really be. True abuse is leading children into immoral lifestyles. True abuse is turning children against their parents with no just cause. True abuse is also abandoning ones biological child out of selfishness and a refusal to own up to responsibility. This may hurt, but it is true. Adoption in itself is not abusive; however, if the child was given up out of selfishness on part of the mother and father, then it is abusive. No I don't know the details as to why the biological mother gave the child up, but it wouldn't be hard to guess because of the actions of this man and his supposed wife, that it was nothing more than the selfishness of not wanting the responsibility disguised as "honorable".
The father of the sixteen year old has a large family of his own and he and his wife took in a baby whom the parents didn't want period. Instead of thanking them for their unselfishness, this man accuses the girl's father of being abusive. Me thinks he might want to look in a mirror to find the true abuser.
I agree with everything except that allowing your child to go to a regular school is abusive. I let my girls do this, and they are just fine. One is a graduate, and works with me, at my job, and the other one, is a junior, and doing very very well. It is not going to school, that looses a child, it is not makeing sure that the child or children are prepared mentally, and to make sure that the child/ children know respect, in every sense of the word. I always believed that if your child respects you, then they will not have a problem respecting elders, teachers, others period. I was right. I have been blessed with dynomite children! School did not harm them at all. Thanks for your input!
Caleb Catastrophe
04-02-2008, 03:23 PM
My name is Caleb. I'm 16, I live in Texas, I'm leaving. I'm taking legal action and getting emancipated and moving in with a good friend of mine. For now I'm trying to stay on a legal path of getting out, but I will resort to 'running away'. You'd be surprised how hard someone can be to find once they're gone. I'll be 17 in June. I'm a good student, I pass my classes, active in school activities, I even go to church. I'm tired of this cage and these restrictions of expression. You parents may think you're 'doing whats best' for your children and back it up with 'We're doing it because we love you', but deep down you're just doing it because you feel a sense of ownership and that you should be able to get us to 'jump when you say jump'. Not everyone can live like a pet, so like I said, I'm leaving. Bags are packed, things are set, I have places to go and people to help me. I'm sure this will be followed by 'you're making a stupid decision' and 'By law you can't' 'blah blah blah'. Yeah, I've heard it all before, plenty of times. But I don't care. I WILL be finishing school, along with college. Hell, I've been nominated for National Merit, and that will take care of college. The reason I put this here is because I'm curious to see if theres anything new to be said I guess.
cbg
04-02-2008, 03:33 PM
Do you expect anyone to tell you anything different? Do you imagine that the law is going to change just for you?
Caleb Catastrophe
04-02-2008, 03:36 PM
Absolutely not. I don't need it to, because as I previously stated, I will go outside the law if I need to.
cbg
04-02-2008, 03:51 PM
Then since you know you're violating the law and don't care, and since I'm sure you don't expect a legal board to endorse your violations, I'm hard put to see the point of your post.
GotSmart
04-02-2008, 03:57 PM
My name is Caleb. 'blah blah blah'. Yeah, I've heard it all before, plenty of times. But I don't care. I WILL be finishing school, along with college. Hell, I've been nominated for National Merit, and that will take care of college. The reason I put this here is because I'm curious to see if theres anything new to be said I guess.
HMMM national Merit.
1.4 million "nominated" 8,500 "scholarships" awarded. That means your chances of getting a $2,500 scholarship is 1 in 188. You will have to be in the top .5% Passing all your classes "ain't good enough." You have to be the class brain to get a scholarship that will pay for 4 credit hours in a quality university.
In my opinion National Merit is a scam selling $200 vanity pages in a list of names. I did my research of them when my first child was nominated.
You are short time. Put up with your parents until you are of age. Otherwise you will have a record following you. No quality university will touch you.
You had better care or you will lose out big time.
Caleb Catastrophe
04-02-2008, 04:04 PM
I'm pretty confident. I didn't lose any money from it either. My dad paid for it. And yes, I know I have to approach things carefully, but theres always a way to do something, and I'm the kind of guy that usually finds it. And no I don't expect anything of you. I just wanted to talk. Talking tends cto releive stress, and as you can imagine, I have plenty of it to get rid of.
GotSmart
04-02-2008, 04:06 PM
I'm pretty confident. I didn't lose any money from it either. My dad paid for it. .
Paid for what?
Caleb Catastrophe
04-02-2008, 04:09 PM
He told me the National Merit thing cost him a couple hundred bucks or something. Though, knowing him it was bull****.
GotSmart
04-02-2008, 04:14 PM
He told me the National Merit thing cost him a couple hundred bucks or something. Though, knowing him it was bull****.
He bought the book. They sell a book with a list of names, with one page dedicated to you. They only print up one page with your information, and the book of names with the one "vanity" page costs him the $200 +++
He fell for the scam.
Like I said, your chances of getting one of the awards is about 1 in 200. It is the top 1/2 of 1% that gets them after the screening process.
It also is limited as to the number of awards in your state.
Keep your nose clean and file for the FAFSA. Ask your counselor about scholarships.
good luck
Caleb Catastrophe
04-02-2008, 04:38 PM
Yeah, he's an idiot. The National Merit thing is just a perk really, I wouldn't mind working hard to get money for college. People try harder for stuff if the money for it is coming out of their pocket.
cbg
04-02-2008, 05:57 PM
We are not here to relieve your stress.
If you have a legal question, ask it now. Otherwise, go relieve your stress somewhere else. This is a board for legal information; we do not have time to waste on disrespectful, admitted law breakers who have no intention of conforming to the law.
pty
04-02-2008, 06:32 PM
I have places to go and people to help me.
You may not care that you’re going outside the law, but do you care that others are going outside the law by helping you? You should care about it. They can face criminal charges for it.
You'd be surprised how hard someone can be to find once they're gone.
How are you going to 'hide' and finish school. It’ll be very easy to find you -- at school. And you can’t change schools because you (as a minor) cannot enroll yourself in another school, unless you’re legally emancipated. So are you going to quit school? Most people who quit school never go back. Are you going to screw up the rest of your life because you’re too impatient to wait out one little year?
Emancaption rarely happens, and if you go in front a judge spouting this:
I'm tired of this cage and these restrictions of expression. You parents may think you're 'doing whats best' for your children and back it up with 'We're doing it because we love you', but deep down you're just doing it because you feel a sense of ownership and that you should be able to get us to 'jump when you say jump'.
It’s not going to happen. You’ll be viewed merely as an angry teenager who doesn’t like Mom and Dad’s rules. That's not a valid reason for emancaption. But the court may suggest counseling for you.
FlyinHawk
04-02-2008, 06:34 PM
You can't be too smart if you can't figure out how to start your own thread.
cyjeff
04-03-2008, 06:31 PM
Or to realize that all they have to do to find you is go to your school.
You are 16 years old. Already, you believe you know enough to tell everyone that is taking care of you to go to Hell and do what you want.
At the same time, you still want your parent's support.
pregnet_and 17
07-13-2008, 12:33 AM
i am 17 and found out im pregnet. my parents are not alowing my to see or talk to my boyfriend. i have called the police dept. where i lived and asked what would happen if i went to go live with him with out my parents permission. because my parents already told me if i left they would report me as a runn away. and the police officer told me since im 17 that it would be hard for them to make me go back home because i am 17. and that because i will have someone over 18 taking care of me and the baby. and if my parents really wanted to get me back they would have to go through like civil court and stuff...
does anyone know if i can move in with my boyfriend and his mom.
she is going to be taking care of me and the baby until i get a job after i give birth and everything.
FlyinHawk
07-13-2008, 12:37 AM
You should start your own thread to get answers for your situation.
JuliaLaneBaby
01-08-2009, 09:40 PM
Hi, My name is Julia, Im 16, and will be 17 in may.
My Boyfriend Alex is 17 as well. He turned 17 in November.
We have been together since i was 13 and he was 14.
My parents love him. They trust him and he has always been good to me.
He lives in a little town called Cisco.
Its a very little town, and i also have some family that lives there.
He moved in with his friend chad from church who is 19.
They are living in this little house that looks kinda bad cuz they r fixing it up.
I am planning on moving out and moving in with him when i turn 17.
My mom and grandparents (i live with them to) Know about it and alreasy said i could.
I wanted to know if i am able to leave the day after my birthday?
and also Wwhat would happen. Like if i messed up or did something wrong.
Got a ticket or something.
I wanna know all the facts so i can print them out and everything.
I would realy appreciate it.
if a 17 year old kid can not be reported as a "missing person" if the parents know where they are, does this mean that they can then move out of their house as long as they inform their parents where they are at, and that they are o.k.?
mommyof4
04-07-2009, 05:50 AM
in Texas
if a 17 year old kid can not be reported as a "missing person" if the parents know where they are, does this mean that they can then move out of their house as long as they inform their parents where they are at, and that they are o.k.?
No..................
And please start your very own thread.
b_P_G
11-04-2009, 12:07 PM
Ceara...
Just a few corrections:
1. A "missing person" is the proper term for this situation; to be more specific, a child may be designated as a "missing child." Nowhere is the term "runaway" used in Chapter 63 of the Code of Criminal Procedure.
2. "Running away from home" is NOT considered a crime in Texas. Crimes are designated by their punishments (Class A, B, and C Misdemeanors, State Jail, First, Second, and Third Degree, and Capital Felonies). A child who voluntarily leaves the care and control of their custodians without their permission and without the intent to return is considered a "status offender", not a "criminal."
3. Juvenile detention is not an option for a missing child. Chapter 63 of the CCP outlines the possible solutions for this situation. They are: 1. Return the child to the person entitled to the possession of that child; and 2. If the person entitled to the possession of that child is not available, deliver the child to the Department of Protective and Regulatory Services.
Whoever wrote this does not know what they are talking about you can be sent to a juvenile detention if you "run away" and are gone for more than 24 hours. I know this for a fact because i have run away and the officer told me that if i had been gone longer than 24 hours he would have turned me in to the juvenile officer! thank you VERY much! :)
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