Legal Question in Family Law in Texas
Hi im Emily my boyfriend and I are 16 and we have been together for a long time. He has family issues or shall i say a lot of issues. He does not get along with his parents and it has become an abusive household. Its been this way for years but has gotten extremely worse overtime. All he does is sit in his room all day locked up because they don't want to see or deal with him. What life is that ?
Long story short he has been wanting to get out of the house, but his mother being over controlling doesn't want him to leave. The dad on the other hand in his words " doesn't give a fuck". My parents like my bf and have offered for him to come be with us. Meaning he would have his own residence,and a job working for my dad so he can get out of the household if he wanted. My bf is dead serious on coming with us and has wanted to for awhile now. His mother won't consent because shed rather him live on the streets and screw his life up if he leaves. If he leaves his family had said they'd basically shun him ( but this is just to try to get him to stay). He still would rather come to my family with this said. He doesn't want to get cps involved because he doesn't want to go to a foster home or have his siblings taken away from his parents, because its his decision to leave and the problem is between him and his parents only. Also he doesn't want to be a "runaway" , but if he was a runaway what would all happen?
He has thought about just not going home and coming to my house ?Would my family be in any legal danger? if this was to happen.
I need some legal advice on what he should do, but he severely needs out of his household.
2 Answers from Attorneys
Hi Emily,
This is a tough situation for everybody involved. Unfortunately there's not a really great answer here at this point.
As a 16 year old he cannot become emancipated from his parents until he can show self-sufficiency, which means he has to get his own place and pay all of his own bills. I don't know what you dad is going to pay your boyfriend but it's probably not enough for your boyfriend to pay all his own bills by himself and pay for a lawyer to handle the emancipation lawsuit. At 17 he can pursue emancipation without having to be self-sufficient.
Your parents are at risk for harboring your boyfriend if he runs away without his parents' consent or without a court order emancipating him or allowing your parents to become his guardian. Your parents could pursue guardianship but unless his house is a truly awful experience (with abuse) then it's hard to say with confidence that they would win guardianship. So it could be a lot of money down the drain for nothing. If your parents take him in and his parents call the police then your parents are at risk for being prosecuted for a class A misdemeanor, which is a fairly severe offense.
Once your boyfriend turns 17 he can leave the house and come stay with you and tell his parents where he is. Under that very specific set of facts the police cannot make him return home. Your parents will also want to contact the police within 24 hours of your boyfriend moving in that such an event had occurred. So this is his best option without spending a lot of money on a legal battle over what might be a few months.
If the household is really abusive then calling CPS would not be unreasonable, particularly if your parents are willing to immediately file for guardianship and get CPS on their side against his parents. Something for him to consider if 17 is a long way off or abuse is present in the home. He should not call CPS and report false abuse just to try to get out of the house.
Your parents might want to talk to a family law attorney before moving forward. His parents can call the local sheriff, constable or police and they can come out to your house to investigate.
Often the police to "unusual" things that appear in no Texas Code -- but since they wear guns and have the ability to arrest anyone, they can pretty much do what they want.
If I were your parents, I would not allow it. Too risky. Too potentially expensive.
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