Legal Question in Family Law in Texas

my girlfriend is about to turn 17 yrs old and wants to move out of her mothers house. she gets aboused physically and emoytionaly.she cant get emancipated because her mother wont let her get a job and she dosnt want to get CPS involved because she has 2 borothers and a sister that have no other place to go. is it legal for her to leave her mothers house and live come move in with me. im 17 and live with my mother, she's willing to let her move in but does not want to be charged with harboring a runaway. are there any other options other then running away and emancipation?


Asked on 12/07/10, 6:17 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Emancipation is not easy to do in Texas.

I can understand that your Mother does not want to get involved. If I were her, I would not want to get involved in this "mess" either!

I suggest that your mother call the local police, sheriff and constable's office and find out what their office policy is regarding 17 year olds. They are the ones that will enforce the local laws. Each office policy varies a bit. She needs to find out what their policy is at this moment. That is what I would do BEFORE letting this girl move in.

You can read about "removal of disabilities" aka emancipation in the TX family code which is available on-line for free. I don't think she qualifies based on the limited facts you presented. Plus it costs money and it does not sound like she has enough money to pay to do the paperwork plus pay the required filing fee to the district clerk's office. Many judges won't sign the paperwork without a hearing with both parents present at that hearing.

Merry Christmas!

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Answered on 12/12/10, 11:15 am


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