Can you move out at 17 without parent consent in Texas, without emancipation?

Asked 8 months ago - Allen, TX

If you are 17 and live with your parents but have a bad home life (physical/verbal abuse, etc.) can you move in with a friend without parent consent. The person would still be attending school, and work supporting their selves and they would be safe. Keeping in mind they are safe and the parents know where they are, but the parents do not want the child there and haven't given their consent. Would the law take the child and bring them back to their parent?

Attorney answers (1)

  1. Stephen Andrew Hamer

    Contributor Level 17

    Answered . My opinion is this is not a simple answer. Apparently many 17 yr olds in TX ask this question.
    If you leave now, they can call the police to report a missing child... However you are not technically a "missing child" if your parents or guardians know of your location. Thus, if you keep them informed of your location, the police should not retrieve you and bring you back home, but you should check with the law enforcement in your area to be sure.

    Best advice is to wait until you are 18, unless there is some serious reason that you want to leave. (abuse - in which case, notify law enforcement). Here is a further (complicated and confusing explanation):

    Under Code of Criminal Procedure, you are NOT a "missing child" if parents know where you are.
    Under Juvenile Justice Code, you are a child if you are alleged or found to have engaged in conduct "indicating a need for supervision" (this includes RUNNING AWAY).
    "Running away" is defined as: voluntary absence of child from the home without parental consent for substantial time or without intent to return.
    Under Texas Penal Code, "Harboring a runaway child" is a crime. It is a defense if the person "harboring" you notifies law enforcement or parents within 24 hours of discovering you ran away.

    You can also petition for emancipation, but it's an ordeal.

    BEST ANSWER I got....I hope I was HELPFUL!

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