Home > Research Legal Advice > Family > Can a 17 year old move out and live with another family in state of texa...
Asked over 4 years ago - San Antonio, TX
Flagin the state of texas. If a 17 year old want to move out and live with another family because her family enviroment isnt good. will there be legal issues if the dad wants her back
Legally, a child is under the control of his/her parents until eighteen, until there is automatic emancipation and the child is considered an adult. A child can technically leave the house, but the parents can have the child brought back by police, unless there is (sincere )accusations of neglect and/or sexual/verbal/ other abuse, in which case the child would likely be placed in foster care while the allegation is investigated. Caution - making false allegations of abuse is a crime in itself.
Assuming no such abuse exists, if the child wishes to emancipate before turning eighteen to end the control of a parent, In Texas, the child can do so through Court by asking for emancipation. In Texas, emancipation is called Removal of Disabilities of a Minor. The governing law is Texas Family Code's Chapter 31.
In short, the law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs. The parents will have to be served (notified) of the petition and will have the right to challenge it such a petition.
It is possible to do this yourself, but highly advisable to use an attorney. A typical attorney fee for such venture would be anywere from $1000 to $2500, or even higher, depending on the case.
At the very least, it is advisable to pay a legal consulting fee and speak with an attorney about steps to take, if you should wish to do this yourself. The consulting fees vary from attorney to attorney.
Good luck.
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