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 change custody is not enforceable in court. Child support orders must also be modified through the court, as verbal agreements are not valid. A custody order can be modified if there is a significant change in circumstances. This may include a finding of abuse, a change in the child’s living situation, or other relevant factors.
In Texas, a minor can become emancipated through marriage, military service, or by court order. Parents can also agree to give up some parental control, allowing a child to live independently. Generally, parental consent is needed unless there is misconduct that causes the minor to leave home.
Emancipation may end a parent's obligation to pay child support, but this varies by state. In Texas, a 17-year-old or a 16-year-old who is financially independent can petition for emancipation. The petition must include the minor's details, reasons for emancipation, and must be verified by a parent or guardian (Texas Family Code § 31.001).
If your daughter refuses to come home and you decide to let her stay with her mother, this could lead to legal complications. You may be seen as violating custody agreements if you do not follow the court order. It’s advisable to consult with a family law attorney to explore your options and ensure you act within the law.
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.