Legal Question in Family Law in Texas
parent emanicipation from child
My daughter will be 17 in a few days and she wants to leave home. She has bi-polar disease and has been a problem to us for years. We have sought any and all medical and psycologal help availible. However, she continues to be a legal thorn in our side. She is abusive and has been charged with assault several times. The courts always adjudicate her punishment by referring the whole family to counseling. She then does not follow through. Is there any way she can leave home and we not be held financially liable for her destructions as she will most certainly stop taking her medication.
1 Answer from Attorneys
Re: parent emanicipation from child
Chapter 41 of the Texas Family Code deals with the liability of parents for the conduct of their children.
Very few instances of a court actually holding parents liable have been reported.
This may be due to the limitation of damages in section 41.002 of $25,000.
Another possibility would be for her to petition the court for the "removal of disibilities of minority," under Chapter 31. It is unknown if that procedure would dissolve your liability for her conduct.