Legal Question in Family Law in Texas

emancipation

Our 16yo daughter has had an 18yo boy in our home and has had consentual sex with him when we were at work. She has taken to lying to us about their relationship and many many other things. Brought things (not drugs) into our home that we do not approve of. He has been accepted but not inducted into the Air Force.

1. What are our legal options for prosecution if any.

2. What are our option as far as keeping him away from our daughter / our home and vice versa?

3. If she does not agree to abide by the rules of the house and we decide to allow her the option of keeping the rules or finding other living arrangements, what is our responsibility for her and to her? If she were to get into trouble, financial, drugs, not going to High School etc. and our financial obligation to her?

4. Is there any way we can emancipate her or terminate the parent / child relationship so she can be free to do what she wants and my wife and I not be responsible for her actions?


Asked on 2/13/06, 12:04 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: emancipation

If he is 18 and she is 16, he can be prosecuted for statutory rape. Her testimony is not necessary, but of course the sex will have to be proven. Your testimony would be sufficient. As to other family problems, you cannot kick her out, but you can turn her in to juvenile authorities for her conduct for whatever good that might do.

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Answered on 2/13/06, 5:20 pm
Fran Brochstein Attorney & Mediator

Re: emancipation

I'll respond as a parent of a teen-ager and not an attorney.

I'd call the police and try to have him arrested for having sex with a minor. That should put the fear of God into her and him. (Legally it might not work -- but I'd make the call to the cops ASAP.)

2. If she's bringing illegal drugs into your home, then call the cops. As I'm sure you are aware, if drugs are in your home, you can be arrested. She will be arrested and then have a criminal record but if you want to hold her accountable for her actions it can be done. Of course, she'll hate you for doing it.

3. I'd be in touch with a counselor about "tough love". Look on the internet under "tough love" there are books and groups that meet.

4. I'd monitor her behavior 24/7. Pick her up from school and take her with you to work. Don't leave her alone for a moment.

5. Work with the school on her attendance and/or tardies. As you know, you are responsible for getting her to school or else you can be held responsible.

6. Since she is not self-supporting, she can't be emancipated.

7. Does she have a car? Sell it.

Does she have a computer? Sell it.

Remove everything from her room but a mattress and 2-3 outfits. She only gets things back as she earns them.

If she is not paying you rent, then she is not self-sufficient. If she has a part-time job and buys things with the money, then charge her rent.

She brings "inappropriate" things into your home. Throw them out. (Break them first then throw them out.)

In summary, be an involved parent.

It sounds like this kid has been running the house for years.

You are actually too late to reserve this trend - you should have started when she was approximately 3 years old.

Of course, be prepared for her to call CPS.

So do not hit her.

You can call CPS and voluntarily turn her in but they might not do anything. Of course, you'd have to pay child support to the state.

There are many facilies that might be able to help you. Unfortunately, most take money.

Take control back of your home.

To protect yourselves, I'd document everything you do. Keep a diary. Make a list of people with knowledge - their full name, address and phone numbers and the dates and times of what they had knowledge.

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Answered on 2/13/06, 5:36 pm


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