Legal Question in Family Law in Texas

My boyfriend is going to be 17 in a few weeks, i was wondering if 17 is the legal age for him to leave with out any consequences to my family and I. You see he really wants to leave because we will be having a baby in september and his mom had told him he could live with us so the baby can have her daddy around wiith her. Unfortunately his mom backed out on her word and said we can be switching on and off with the baby, you know like every other week with her dad. I seriously dont like the thought of that and neither do my parents, they love him like a son already and he is a very responsible person, im so lucky! about a month ago something went on where his mom said she wants to see if my parents really do want him...she said if my parents talk to her she will let him stay with us so my parents did but she backed off on her word again. i have heard that he can leave when he is 17 without any consequences to my parents, for sure he has a job and 1 more year of school. is it true he can leave when he turns 17 please we really need this have nothing else to hope for. We want our daughter to have her parents atthe same time.


Asked on 7/02/11, 6:06 pm

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You heard wrong. The age of majority in Texas is 18. He could emancipate earlier under certain circumstances, such as the two of you getting married.

If he leaves home prior to 18 without his mother's permission, your family can be prosecuted for harboring a runaway.

If you really wanted you child to have both of her parents with her at the same time, you would have gotten married and THEN had a child, at which point no one can boss you around. I'm not judging you morally, but it's just a fact that children (in the eyes of the law) who have children present a number of difficulties to the law, to each other, to their child, and to their families.

If you were to get married now, he would be able to emancipate and live where he wants.

Otherwise, you're just going to have to figure out what his mom wants to allow him to move in with you. Maybe offer her to make it short term with veto power: In other words, ask her if she would consent to a 90 day trial and, if at the end of 90 days, she doesn't think it's working out, she can call it off, or extend it for another 90 days. That way she doesn't feel like she's lost control of her son--and all you'd need is 4 or so "extensions" from her and he'll then be 18.

Congratulations on your baby. I hope she brings you as much pleasure and delight as my daughter has brought to us.

Good luck!!

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Answered on 7/05/11, 2:56 pm


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