Legal Question in Family Law in Texas

emancipation of a minor

I would like to know what is the law on emancipating a 17 year old child. This child has left the home voluntarily and refuses to come. He is living with another set of adults. How can i go about having her to talke responsibility of this child or having him emancipated. She is refusing to assist in getting him to come hom.

Asked on 2/23/01, 4:01 pm

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: emancipation of a minor

To be emancipated a child under 18 must be self-sufficient financially. I don't know any (other than rock stars) that meet that qualification.

Perhaps this adult would like to assume custody of your child. (Be advised, you would probably have to pay this person some child support.)

Child support in Texas for one child (if you have more kids it will probably be less) is 20% of your net income as determined by the State of Texas.

If this person is having sex with a minor, the cops might arrest this person. I find that the threat of arrest, usually scares the adult.

Best of luck.

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Answered on 4/06/01, 8:12 pm

Eric Williams Law Office of Eric L. Williams

Re: emancipation of a minor

Once a person reaches the age of 17, they are in a gray area of the law. They cannot be reported as a run-away, despite the previous response posted. They can have consentual sexual relations, just as an adult, also despite the previous response.

Regarding removing the disabilities of minority, i.e. emancipation, the minor must be the one to petition the court, the parents can't force the emancipation process. See chapter 31, Texas Family Code.

If there's more to this (as there always is), suggest that they get married, which automatically emancipates a minor.

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Answered on 4/28/01, 2:29 am
James Grissom Law Office of James P. Grissom

Re: emancipation of a minor

Emancipation is living on his own and self-supporting. As a minor, he is a runaway and she can be guilty of harboring a runaway - or worse.

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Answered on 4/05/01, 9:27 am

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