Full question:
A 17 year old female told mother and stepfather she wanted to leave home after a long time of emotional distress at home, and they allowed this to happen, knowing where she was going to be. She got a job and was still attending school except for one day when she was sick and failed to go to school. Even though she handled the missing school matter, by not notifying her mother or the school, she was reported as a runaway. The sheriffs department forced her to return to her mother. Is right for the law to force this considering the circumstances?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: Texas
Answer:
In Texas, individuals under 18 are considered minors. According to Texas law regarding the emancipation of minors (Tex. Fam. Code § 31.001), a minor can petition to have their legal disabilities removed if they meet certain criteria. To qualify, the minor must be at least 17 years old, reside in Texas, and be self-supporting while managing their own financial affairs.
The petition must include details such as the minor's name, age, residence, and reasons why emancipation is in their best interest. A parent or guardian typically needs to verify the petition, unless a managing conservator has been appointed. The court may appoint a guardian ad litem to represent the minor's interests during the hearing.
If the court finds that removing the disabilities of minority is in the minor's best interest, it can issue an order to do so. This would give the minor the legal capacity to act as an adult, including making decisions about their education (Tex. Fam. Code § 31.005).
In the scenario described, the law may not support the minor's voluntary departure from home without proper notification, especially if the parents were unaware of her absence from school. The sheriff's department's actions to return her to her mother could be seen as lawful under the circumstances.
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.