Hi, I'm 17, I will be 18 in 5 months, and I live in Texas. Long story short, I don't get along with my father. My story is basically that my dad divorced my step mom ( basically my mom, they were married since iw as very young). and I'm stuck here alone with my dad. I do not get along with my dad AT ALL. He has a raging temper, and is scary to be around. The laws in Texas say that technically you have to be 18 to move out, but if you leave at 17, you cannot be forced to move back unless you've commited some sort of bad conduct or something (which i have absolutely no history) So this is basically what I gather, because you can't be considered a runaway at 17 anymore.

To make a long story short, at the age of seventeen, can I leave the house to live with my "ex-step mom" ? The thought of this would infuriate my dad because they don't get along, but I'm relatively sure I'm within my legal rights since I have no history of any criminal conduct, or anything of that sort. I know I have a weird situation, but anyone with any advice or information, PLEASE help me out, because chances are I'm just going to do this and see what happens.

Thanks, Comments are appreciated ;)

ask your stepmother to go file a petition for legal guardianship over you asap and if she is able to take you in, ask her to file an emergency petition so you can move in and she can get temporary custody fo you; she needs to show she has a home and space and the ability to provide for your needs

in most states in a divorce, the stepparent can petition for custody of the child also

I'm not sure where you gathered your information but it is blatanly WRONG!

1. "The laws in Texas say that technically you have to be 18 to move out." Thats right! You need to be 18 - PERIOD!

2. "If you leave at 17, you cannot be forced to move back unless you've commited some sort of bad conduct or something." Ding ding - wrong. Family Code, 151.001 (Rights and Duties of Parents) specifically states "a parent of a child has the right to have physical possession...and to designate the residence of the child." A child is defined as a person younger than 18 years of age. Therefore, if you have a squeaky clean record or 5 convictions, it doesn't matter. You CAN BE FORCED TO MOVE BACK!

3. "You can't be considered a runaway at 17 anymore." Guess what...wrong. YOU CAN BE REPORTED AS A MISSING RUNAWAY UNTIL YOU TURN 18. If you do go missing at 18, you can be reported as a missing person - but that's another topic. I'm not sure who told you that but I've heard it before too and it's the biggest load of you-know-what. Article 63 of the Code of Criminal Procedure is VERY specific when it comes to missing children. An officer is REQUIRED to take into custody any missing person under the age of 18 and return them to their legal guardian(s).

To answer your question - NO, you can not just pick up and leave to your ex-step mom's house. You need permission. If you do and your dad reports you as a missing runaway, your ex-step mom can be charged with harboring a runaway and depending on their court order, interfering with child custody.

As Elklaw stated, if she wants you to move in with her and you want it too, she needs to get an attorney to file a temporary restraining order against your father. Then, possibly get joint-custody where she is the primary custodian. Let me know if you have any questions...

You brought up a charge that I am very familar with at this time,but then again very confussed with. Here it goes*takes a deep breathe*:

I have been in a dirty custody battle with my ex for a long time now(about 7 years).3 1/2 years ago I lost custody (all because my lawyer didnt show up) and have lost all visitation w/ my daughter since. About 3 months ago I get a call from a friend whose daughter goes to school w/ mine saying she was going to runaway.Long story short -she did,and this wasnt the first time either I found out.

She ends up at some strangers house calls my friends daughter,to call me.I was lost that my daughter was at some strangers house who she didnt even know.So like any good parent I go pick her up and take her somewhere else until we can get emergency papers filed to get emergency custody.

Well we did,she was here and in school for a total of maybe 4 days then they filed an injunction and I had to return her.

Three days ago I get a supena to appear in Juvenille court due to her skipping school.I go,next thing I know I am approach by a constable saying I have a warrant for INTERFERENCE WITH CHILD CUSTODY. which wasnt even filed until 3 days before and almost 2 months after I returned my child.

Now I am at a loss due to this is a felony charge,and I know my ex did it just to get even with me. Where is a family code that I can use in my defense?

Sorry this is so long!

Which state are you in?

Texas..Sorry forgot to add that in

I know for a fact that in the state of Texas you can leave at 17. I took my niece at 17, and my step-brother threatened to have us both put in jail, I called police where she lived, as well as where I lived, and they both said that we had done nothing wrong. It's not running away, but you won't be able to attend school unless your step mother enrolls you. If you have any questions or wanna talk, email me. Tammy

I know for a fact that in the state of Texas you can leave at 17. I took my niece at 17, and my step-brother threatened to have us both put in jail, I called police where she lived, as well as where I lived, and they both said that we had done nothing wrong. It's not running away, but you won't be able to attend school unless your step mother enrolls you. If you have any questions or wanna talk, email me. Tammy
First, the officer that advised you was dead wrong and chose to completely ignore the Texas statutes. Second, this thread is almost 10 months old. By this time, the OP is 18 and free to live wherever he wants.

I know for a fact that in the state of Texas you can leave at 17. I took my niece at 17, and my step-brother threatened to have us both put in jail, I called police where she lived, as well as where I lived, and they both said that we had done nothing wrong. It's not running away, but you won't be able to attend school unless your step mother enrolls you. If you have any questions or wanna talk, email me. Tammy

You cannot leave at 17 in the state of Texas. This thread is from 9 months ago first off.

But, second off, a 17-year-old who leaves can be filed as a "missing child" if the parent or guardian doesn't know where they are. And the 17-year-old can be picked up and returned home.

If the parent or guardian does know where they are, there's a big debate THEN at 17 in Texas but ONLY then. If they don't know, there's no debate.

A 17 year old can't be "punished" for running away in Texas like a 16 year old or under can (with juvenile court punishments). But, as long as they are missing, they can at least be returned home.

If the FATHER had called the police and reported that you had kidnapped his child, the situation would have turned out very differently, I can assure you. Therein lies the reason that you got away with it. The father never reported that his chid was missing and that his sister either kidnapped her or was harboring a runaway. By doing nothing, he essentially allowed her to leave with his consent. And Tammy, if you took her into, say...Oklahoma, you could have been facing FEDERAL charges.

II. JUVENILE LAW AND PROCEDURE IN TEXAS

Juvenile law and procedure in Texas is a combination of laws drawn from several areas. Juvenile cases are significantly different from adult criminal cases. It is also important to note that a juvenile case is actually a civil proceeding whereas an adult criminal defendant is charged in a criminal proceeding. Juvenile law is a hybrid of civil and criminal law. While the actual charges against a juvenile are brought by means of a civil lawsuit, the juvenile offender is given virtually the same constitutional rights, privileges and protections that an adult criminal defendant possesses. The juvenile system has its own set of terminology and processes that differ drastically from its adult counterpart.

The original Title III of the Texas Family Code was written in 1973 and has been amended numerous times over the years. The single most significant revision to juvenile law and procedure came in 1995 during the 74th Texas Legislature where juvenile justice reform was a major issue. Voluminous changes in the juvenile justice system resulted, most of those dealing specifically with violent and habitual juvenile offenders.

A. Introduction. Texas juvenile law is governed primarily by Title III of the Texas Family Code entitled the "Juvenile Justice Code". The main goals of the juvenile justice system in Texas, as mandated by TEX. FAM. CODE ANN. ' 51.01 (Vernon 1996), are to provide for the safety and protection of the public, promote the concept of punishment and accountability, and provide treatment and rehabilitation of the juvenile offender in the community.

B. Terminology and Related Procedural Processes. For purposes of juvenile law, there are several unique terms and definitions that are important to understand.

1. Child. To invoke the jurisdiction of the juvenile court, an alleged juvenile offender must fit the definition of a child under TEX. FAM. CODE ANN. ' 51.02. A child is a person who is 10 years of age or older and under 17 years of age, or a person who is 17 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.

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.

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.
Thank you for quoting the statutes that say exactly what I told you. You (by your own words) "took" her from Fairfield to Dallas. You got away with it. Nobody is saying that her situation was all peachy at home, but you DID NOT follow proper legal procedure to get her out of the situation.

Now, stop sending me private messages and leave me and the dead threads alone. If you want to further get legal information on this topic, start a new thread. The original poster is now over the age of 18 and has not been back to comment further or ask any new questions on this topic.

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.


NOW WHERE DOES THIS STATE THAT AT THE AGE OF 17 YOU ARE A MINOR?? A "CHILD" IS FROM THE AGES OF 10 OR OLDER AND UNDER 17...NOT 17, BUT UNDER....

NEXT.

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.


NOW WHERE DOES THIS STATE THAT AT THE AGE OF 17 YOU ARE A MINOR?? A "CHILD" IS FROM THE AGES OF 10 OR OLDER AND UNDER 17...NOT 17, BUT UNDER....

NEXT.
Title 6 Texas Penal Code. "child" is any person under the age of 18. By the statutes you posted that I bolded, a child is any person under the age of 18 who is not and has not been married or who has not had the disabilities of a minority removed for general purposes. I assure you that a 17 year old IS a minor. Do you really want to continue this? This discussion has been had MANY, MANY times...and every time, the result is the same. A person in ANY STATE under the age of 18 is a minor. ALL 50 STATES. The confusion sets in because a 17 year old will be proscuted as an adult. That does not make the 17 year old a legal adult.

I know for a fact that in the state of Texas you can leave at 17. I took my niece at 17, and my step-brother threatened to have us both put in jail, I called police where she lived, as well as where I lived, and they both said that we had done nothing wrong. It's not running away, but you won't be able to attend school unless your step mother enrolls you. If you have any questions or wanna talk, email me. Tammy

Tammy75840...

I'm not sure where you are receiving your information, but many of your threads post incorrect information.

A "child" or "minor" is defined as 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 (See Family Code, Section 101.003). An "incapacitated person" means a "minor." A "minor" is defined as a person who is younger than 18 years of age and who has never been married or who has not had the person's disabilities of minority removed for general purposes (See Probate Code, Section 601). The "age of majority" in Texas is 18 years (See Civil Practice and Remedies Code, Section 129.001).

Family Code, Section 151.001 states that a parent of a child has the right to have physical possession and to designate the residence of the child. Probate Code, Section 767 also states that a guardian of a child has the right to have physical possession and to designate the residence of the child. These two chapters allow a guardian to report their child as missing if that child voluntarily leaves the care and control of their custodian without the custodian's consent and without the intent to return. Missing persons and children statutes are found in Chapter 63, Code of Criminal Procedure. This provides a system for a parent or guardian to report to a law enforcement agency that a child is missing and to have this information included in a statewide database, thereby informing law enforcement agencies of the fact that the child is missing and of the parent or guardian's desire to have the child returned.

Except as expressly provided by statute or by the Constitution, only a person who has reached the age of majority or has had the disabilities of minority removed for general purposes by marriage, court order, or military enlistment, has the capacity of an adult, including the capacity to contract. A child does not have the capacity of an adult or the capacity to contract (except as expressly provided by statute or by the Constitution). The current law reflects a legislative judgement that persons under 18 do not have the wisdom necessary to enter into contracts. This legislative judgement is intended to benefit children and not to be a burden to a child.

Furthermore, the United States Supreme Court has recognized that "unemancipated" children's constitutional liberty rights are not as great as adult’s rights and are subject to the control of their guardians. "Traditionally at common law, and still today, unemancipated minors lack some of the most fundamental rights of self-determination -- including even the right of liberty in its narrow sense, i.e., the right to come and go at will. They are subject, even as to their physical freedom, to the control of their parents or guardians." (See Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 654 (1995)). Schall v. Martin, 467 U.S. 253, 265 (1984) concluded that a child's liberty interest may be regulated to the state's interest in preserving and promoting the welfare of a child. "Juveniles, unlike adults, are always in some form of custody. Children, by definition, are not assumed to have the capacity to take care of themselves. They are assumed to be subject to the control of their parents, and if parental control falters, the State must play its part as parens patriae. In this respect, the juvenile's liberty interest may, in appropriate circumstances, be subordinated to the State's 'parens patriae' interest in preserving and promoting the welfare of the child."

Family Code, Section 31.006 states: "except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract." Texas Attorney General Opinion JM-359 concluded: the language of section 31.07, Family Code is essentially the same as the language of section 4.03, Family Code. Along with Section 129.001 of the Civil Practice and Remedies Code, these three series of statutes define both the age requirement and alternate requirements for an individual to have the capacity of an adult. Nowhere in Texas statutes will a person find information stating otherwise.

If you feel the need to properly educate yourself on Texas Family Law, please refer to my over 100 posts regarding these issues. Otherwise, stop providing incorrect legal information.

I'm 17 yrs old and I've been wanting to move out of my house since i was 15 yrs old. I live in Houston and I'll turn 18 in about 6 months but I dont want to wait that long to move out. I've already told my parents where I will be moving to and who I will be living with. They can't make me come back home can they? (One of my friends was in a similar situation and when the police showed up, they told his mom that they couldn't really force him to stay at home and that he could leave if he wanted too.) Please provide me with the correct information, I dont want to get anyone in trouble but i desperately want to get out!

Did you even read the above thread before you hijacked it?

Wait 6 months.

I'm aware of that I was just reading the information I saw on here and wanted to know if anyone else had dealt with something like that. I wasn't looking to use it against the police or in court; I was simply asking questions.

I'm aware of that I was just reading the information I saw on here and wanted to know if anyone else had dealt with something like that. I wasn't looking to use it against the police or in court; I was simply asking questions.

No problem. Just do it by starting your own thread; not by asking questions on a thread that begain over 2 years ago.

My 17 yr old has been leaving the house and not coming home until all hrs. 3 weeks ago she was given 2 pills at school, they turned out to be rehipnol, the date rape drug, 3 hrs at the hospital, she was suspended from school the next day, I got home to find her drunk, she had shaved her eyebrows off and was cutting her arms with a razor. After an altercation, I called the police. The seemed to calm her down, but after they left it started all over again. Finally about 10 PM I told her if she couldn't settle down and behave she could leave, I gave her the choice. The next morning I filed runaway, she came in while I was at the police station, packed a bag and left, the runaway was pulled because she had come home. She left a post on her MySpace giving details of where she was, in a hotel romm with 3 sailors, I called police they checked it out, couldn't see she was doing any harm to herself and left!!
She came home Sunday with hickies all over her neck, drunk, puking her guts up. Monday she was placed in an alternative education program at her school.
I has gone from that to her getting arrested for disorderly conduct at school and spending the night in jail to just leaving the house whenever she wants and coming home whenever she wants. She has a truancy hearing with the judge this week. Can I ask the judge to place her on house arrest and have a monitor place on her ankle? The police here say she is an adult they cannot bring her home if she doen't want to come home. I am at my wits end. Don't know if she is using drugs or what. I am about ready to put handcuffs on her and attach them to 2 cables together to her bed frame, she can get to the bathroom, shower, kitchen and that is it!!! Any suggestions on how the Texas Law can help me? I surely can't afford $12,500 for a 45 day stay at a recovery house.

Please start your own thread with your questions and someone will answer them. Just copy/paste.