Legal Question in Family Law in Texas
Emancipation of a Minor
I know a 16 year old female whose Mother lives with a boyfriend and the father has custody of the girl. The girl also has a 19 year old boyfriend. The girl does spend the night at the boyfriends house periodically. The father allows her to stay at the boy's home but later verbally abuses the girl, telling her to pack up and move to the boyfriends house since he is using her as a whore. The father has now changed the locks on the home, changed the locks on the car, and cancelled auto insurance coverage by telling the carrier that she lives with the boyfriend.
The girl is asking for me to help her but I do not know what I can do legally. I might be willing to allow her to live in my home as long as I will not get into trouble doing this.
1 Answer from Attorneys
Re: Emancipation of a Minor
The facts as I understand them are - father has legal (court ordered) custody of the child. He threw her out of the houe and you are willing to let her live with you.
I know that you were hoping for a simple answer, but it's not that simple. You really need to talk to an attorney and give that attorney more facts.
You did not whether you are a male or female. If you are a male, I would think twice about letting an underage female move into my home.
Before anyone sees an attorney, you will need to modify the current court order. You will need a certified copy of the current court document that is currently in effect. You an obtain a certified copy for $1 per page at the Harris County Clerk's office located downtown at the corner of San Jacinto and Congress.
The child can call CPS and ask that she be put under their care.
Perhaps the mother would like custody of the child.
Does the adult male that she is sleeping with realize that statutory rape is involved in this case? No adult should be having sex with a minor child! It is a crime -- even if she agrees!
The court will not emancipate a 16 year old child unless they are completely self sufficient. The only children I know that get emancipated are usually rock stars since they have enough money to support themselves.
Good luck!
Fran Brochstein
713-847-6000
www.lawguru.com
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