Full question:
I live in Texas. My 17 year old daughter who I have 50/50 custody for six years, is all of a sudden refusing to come home on my week. Two weeks ago she snicked out of my house and had her 18 yr old boyfriend pick her up and then didn't go to school. Ended up at her mom's house. Who wasn't home. She told me she'll come when she feels like it. She does not want to follow my house rules and has been acting out and lying since she turned 17. And I will not allow her to see a certain her boyfriend now. At her mom's she is allowed pretty much anything. And is left on her own a lot. I'm very worried she is heading down the wrong road. IF there isn't anything legally I can do to have her come home, then I think she needs to stay with her mom permanently. I cannot have her coming in and out of the house whenever she wants. I have other children and need to set precedent. And she has very much hurt her step mom and our other kids by doing this. Will I be in contempt if I tell her she just needs to stay at her mom's permanently? Please help, I have been a divorced for over 6 years and have never had any issues before, and my other two daughters are very happy to come home.
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Texas
Answer:
An oral agreement to modify custody will not be upheld in court. A child support order must also be modified through the court, as oral agreements are not enforceable. A custody order may also be modified if necessary. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child support or custody may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a finiding of abuse, a change in possession of a child, or contribution to expenses by another due to cohabitation or remarriage.
Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts. State laws on emancipation vary, so local laws should be consulted for specific requirements in your area.
Sometimes the emancipation of a child ends the obligation of a divorced parent to pay child support. When a child reaches the age of emancipation, the duty of a parent for child support often ends. However, the age of emancipation varies by state. Also, a parent may be obligated to support a child for a longer period, such as through college, under a divorce decree. Emancipation will not relieve a parent from obligations to pay past due child support amounts.
Requirements for emancipation vary by state, but typically a minor who seeks a court order of emancipation must prove that:
1. The minor is a certain minimum age or older.
2. They willingly want to live separate and apart from their parents with the consent or acquiescence of the parents. (The parents do not object to the minor living apart from them.)
3. The minor can manage their own finances.
4. The minor has a source of income that does not come from any illegal activity.
5. Emancipation would not be contrary to the minor's best interests; it is good for them.
State laws vary, so local laws and domestic relations or family court procedures should be consulted for specific requirements. Some state statutes provide for recognizing the emancipated status of a minor granted emancipation in another state.
Some states have medical emancipation statutes which allow minors to consent to medical treatment without parental knowledge, approval, or consent. Medical emancipation statutes may be separated into two categories. First, they may authorize minors to consent to their own health care treatment because of a their emancipated status. Second, they may authorize minors to consent to what are considered to be particularly sensitive medical services. A minor may consent to care related to the prevention or treatment of pregnancy. A minor may consent to treatment of an infectious, contagious, or communicable disease or to care related to the diagnosis or treatment of rape. A minor may consent to care related to the diagnosis or treatment of sexual assault. A minor may consent to care related to the diagnosis or treatment of drug-related or alcohol-related problems. A minor may consent to mental health treatment, counseling, or residential shelter services if (1) the minor is mature enough to participate intelligently, in the opinion of the health care provider, and (2) the minor is either a danger to himself or herself or others without the treatment, or is the alleged victim of incest or child abuse. A minor of may consent to HIV testing. Further, the records of these medical services are kept confidential from the minor’s parent or guardian, unless the minor consents to such disclosure. Medical emancipation statutes vary by state, so local laws should be consulted.
Texas Emancipation Law Summary
A person who is 17 years of age or 16 years of age and financially independent can petition for emancipation (removal of the disabilities of minority for general purposes). If the person wishes to sue for emancipation, they may do so under their own name, like an adult.
The petition must state the name, age, and place of residence of the petitioner, the names and places of residence of all living parents, guardians, or managing conservators of the petitioner, the reasons why emancipation is in the petitioner's best interests, and the purposes of emancipation.
TEXAS LAW
Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
(1) a resident of this state;
(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; and
(3) self-supporting and managing the minor's own financial affairs.
(b) A minor may file suit under this chapter in the minor's own name. The minor need not be represented by next friend.
Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The petition for removal of disabilities of minority must state:
(1) the name, age, and place of residence of the petitioner;
(2) the name and place of residence of each living parent;
(3) the name and place of residence of the guardian of the person and the guardian of the estate, if any;
(4) the name and place of residence of the managing conservator, if any;
(5) the reasons why removal would be in the best interest of the minor; and
(6) the purposes for which removal is requested.
(b) A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person. If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the guardian ad litem shall verify the petition.
Sec. 31.003. VENUE. The petitioner shall file the petition in the county in which the petitioner resides.
Sec. 31.004. GUARDIAN AD LITEM. The court shall appoint a guardian ad litem to represent the interest of the petitioner at the hearing.
Sec. 31.005. ORDER. The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner. The order or rule must state the limited or general purposes for which disabilities are removed.
Sec. 31.006. EFFECT OF GENERAL REMOVAL. 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. Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.003(a)(10), transfer to the minor whose disabilities are removed for general purposes.
Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR NATION. (a) A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.
(b) When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
