A minor of the age of sixteen, can she choose which parent to live with? Special example lets say if one parent just thinks the minor is too difficult and the other, in the minors words "has five kids already not including her and her step brother and has hardly any time at all to spend." she also feels threatened by the step mother. The father lives six hours away from where the girl has developed friends a basketball team education and a serious boyfriend. Is there a way she can fight they're decision so she can stay where her home is?

Well you could always be imansapated. <~~~[sry don't know how to spell it], but in other words you can get it to where you have basically custody of yourself and you could move to your own house/ apartment. I have been on my own since I was 17, I'm 18 now I have a wonderful boyfriend and life is great, but do what makes you happy.

In the state of Texas can a sixteen year old daughter of divorced parents legally leave home?

What u can do is move out at 18 and older with parnets advice

How can you get emancipated in Texas without your parents interfering?

If you can prove to the court that you are able to take care of yourself without the aid of anyone AND complete school as mandated by the state, sure.

That means you cannot live with someone else... that means fully support yourself as if you were actually an adult.

If you can prove to the court that you are able to take care of yourself without the aid of anyone AND complete school as mandated by the state, sure.

That means you cannot live with someone else... that means fully support yourself as if you were actually an adult.

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But how do you end up being able to get your own place without them stopping you? I mean I'm talking about my girlfriend I have my own place could she live with me?

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but how do you end up being able to get your own place without them stopping you?? i mean im talking about my girlfriend i have my own place could she live with me??

No, she couldn't. The requirement of emancipation demands that the minor be able to support his or herself. This is a rare thing in the case of most 'normal' teens. Its not out of the realm of possibility that emancipation could take a year also.

You don't necessarily have to have your own place... just be able to prove to a court that you could if you were on your own.

Is they're a way to get a judge to force custody on a parent if it shows its in the best interest of the child? To get a hearing so the minor can speak and voice their preference and why it's their preference?

No, she couldnt. The requirement of emancipation demands that the minor be able to support his or herself. This is a rare thing in the case of most 'normal' teens. Its not out of the realm of possibility that emancipation could take a year also.

You dont necessarily have to have your own place... just be able to prove to a court that you could if you were on your own.

So its kind of like proving if you have housing planned and already have a job lined up, it's a possibility that if you're mature enough that the judge would rule in you're favor right?

No court will force someone to be a parent, sorry. The child is often times allowed to give their opinion, but if the non-custodial parent doesn't want custody, it will not be assigned to them.


Edited to add: intelligent or not, this response is FULLY legal... not just semi.

so its kind of like proving if you have housing planned and already have a job lined up, its a possibility that if youre mature enough that the judge would rule in youre favor right?

That is how it works in theory. In practice, a judge might not even hear the case unless there is proven abuse or you are in a situation like Lindsey Lohan was and already had the money.

Proving ability to support yourself is a tricky and very objective process. Add to all that a plan to complete school and not become a burden to the taxpayers (welfare, etc) and it is a very difficult process. People TALK about emancipation all the time. It happens MUCH less than you'd think.

so its kind of like proving if you have housing planned and already have a job lined up, its a possibility that if youre mature enough that the judge would rule in youre favor right?

No a judge would reject you on the grounds your not stable under these conditions. Its not about hopes and dreams. If you have a job lined up.. no you have to have a job already and be working at it for some time. You must live alone and be self sufficient. There is no other way other then turning 18 ( age of majority ) that you can do what you want.

So emancipation even though its hard and a long process is the only possibility? And does the parent have to alert the judge to switch parental rights?

<threads merged>

so emancipation even though its hard and a long process is the only possibility? and does the parent have to alert the judge to switch parental rights?

Any change of custody is a civil proceeding between two parties... in this case the parent currently having custody and the one gaining custody.

The only person who can initiate this proceeding is the one wanting to gain custody. That means that the one currently with custody cannot go to court and say "no, you take her".

While custody changes are done outside the court room all the time, only ones ratified by a judge are "legal" custody changes. A lot will depend on what the parents what to do and what is currently in place.

That is how it works in theory. In practice, a judge might not even hear the case unless there is proven abuse or you are in a situation like Lindsey Lohan was and already had the money.

Proving ability to support yourself is a tricky and very objective process. Add to all that a plan to complete school and not become a burden to the taxpayers (welfare, etc) and it is a very difficult process. People TALK about emancipation all the time. It happens MUCH less than you'd think.

Well she has a job already as a secretary for my godfather, he owns a business and she can handle her own finances. So everythings in order but from what I've read a judge must be shown there is a good reason that neither parent is stable enough for the minor and that the minor is mature enough to support themselves and if housing is available is used until a place of their own is affordable. Correct me or add if I'm wrong or left something out

kathyrules123 is right, you can move into another location as long as there is a guardian there older then 18 and with the consent of your parents the only other option is to get emancipation from your parents. A family law lawyer can help to determine if you will be able to meet these rigid requirements.

well she has a job already as a secretary for my godfather, he owns a business and she can handle her own finances. so everythings in order but from what ive read a judge must be shown there is a good reason that neither parent is stable enough for the minor and that the minor is mature enough to support themselves and if housing is available is used until a place of their own is affordable. correct me or add if im wrong or left something out

That's pretty much it, but its not as simple as it sounds. For one, you have to be able to prove a good reason to leave. Abuse is the most common. Second, the judge might have an issue with the employer being a family member/friend (godfather) because if the parents pressure him, its possible that that job might mysteriously disappear. But again, that's up to the judge.

Thats pretty much it, but its not as simple as it sounds. For one, you have to be able to prove a good reason to leave. Abuse is the most common. Second, the judge might have an issue with the employer being a family member/friend (godfather) because if the parents pressure him, its possible that that job might mysteriously disappear. but again, thats up to the judge.

So lets say her mother is an alcoholic and her step mother is verbally abusive would that be reason enough? In your opinion I mean. And the job is legit. Its managing the finances as a personal secretary and he's lets say not a godfather that you normally run into he adopted me. So he's not listed as family

All right thank you

kathyrules123 is right, you can move into another location as long as there is a guardian there older then 18 and with the consent of your parents the only other option is to get emancipation from your parents. A family law lawyer can help to determine if you will be able to meet these rigid requirements.



This is not totally correct - there is no "guardian" appointed in cases like this. If the person is emancipated he/she is on his/her own.

You are confusing emancipation and guardianship.

In Texas in order to be emancipated: In Texas, a child does not “divorce” the parents. For a minor to live separately from the parents and have the right to contract-meaning buy cars and rent apartments-the child must go through a court procedure called Removal of Disabilities of a Minor. The law requires that the child requesting Removal of Disabilities of a Minor by the court show: 1) that the minor is at least 16 years old, living separate from the parents, and, 2) the minor is self-supporting and managing his/her own affairs. Reference Texas Family Code section 31.001. Texas Child Emancipation Laws, Minor Laws Emancipation, Legal Emancipation of a Minor Child, Dallas attorney, Shelly West (http://www.legalhelpinntx.com/law_office/faq/child-divorce-the-parents.html)

Do you post here under another name? It seems odd to me that you never post on the legal boards and came on here, agreeing with a person AFTER that person's post was pulled. In fact, you were not even able to quote it because it was gone.

Seems strange.

I know - they where two options fist was the guardianship the second was emancipation

so lets say her mother is an alcoholic and her step mother is verbally abusive would that be reason enough?? in your opinion i mean. and the job is legit. its managing the finances as a personal secretary and hes lets say not a godfather that you normally run into he adopted me. so hes not listed as family

He didn't adopt you or your parents wouldn't be in the picture.

Also, you can stop mixing your pronouns. Its OK that we are talking about you.

In my opinion, no, it wouldn't be sufficient unless you can prove that it is in your best interest not to be around. Alcoholism is not necessarily grounds to lose a child. Does she provide for you? Does she hit you? Abuse you in any way?

Or does she just suck as a mother?

Im not saying a judge wouldn't agree with you... just that I wouldn't, knowing the little you have told us.

Please also bear in mind that we get half a dozen posts here a week asking about emancipation and the vast majority of them turn out to be a teen just not liking their parents rules. Im not saying that is how it is with you... but we really don't have much detail so any ruling we have opinion of is merely speculation based on what we DO know.

Get what I'm saying?

Your best bet would be to speak with a local lawyer and see what the court climate is like in your jurisdiction. The lawyer will be able to give you a much better idea than anyone here in cyberspace.

Hhmmm

Also it isn't me it really is my girlfriend lol I'm 18

But if your family can be proven to have a past occurrences of past alcoholism wouldn't that be in your best interest to move away?

Does a minor if brought before a judge state a case in which showing that staying with the custodial parent is in her best interest though the custodial parent thinks her child is too difficult and doesn't want her?

Please try to be less insulting on titles. "Semi-intelligent" implies members are stupid and must TRY to meet your standards.

It makes people reluctant to help.

If someone answers in a less than "semi-intelligent" manner, just ignore it.

Welcome to the site.

Please try to be less insulting on titles. "Semi-intelligent" implies members are stupid and must TRY to meet your standards.

It makes people reluctant to help.

If someone answers in a less than "semi-intelligent" manner, just ignore it.

Welcome to the site.

Sorry I'm just stressed cause I'm getting these opinions and not answers

sorry im just stressed cause im getting these opinions and not answers

Hey, I can relate. I wish I could help you. Good luck , and hang in there.

I don't understand the question. Could you restate it with complete sentences and punctuation as needed?

Everything here is opinion and speculation since we are not your lawyer or the judge presiding over the case.

The custodial parent doesn't have a lot of say in the matter. They can either raise their child or face the consequences of losing custody to the state.

Who is raising a court action and what grounds?

but the fact of the matter is if your family can be proven to have a past occurences of past alcoholism wouldnt that be in your best interest to move away??

Again, it depends on the situation. Alcoholism itself is not a defining reason. Driving drunk with the child in the car... much more so. Ultimately it is up to a judge. But if living with the parent is such a problem, a judge is much more likely to put the minor into the foster care system than emancipate them.

First, please don't start multiple threads for the same question. I've merged the threads for you.

Second, please don't try to dictate who can answer or how and don't insult the people you want to try to help.

I know you are stressed out and I also know that some of the responses you have received have not been legally correct. But you have gotten the answer. Let me recap.

A child cannot choose which parent to live with. Only a judge can make that decision. Some states have guidelines about how much weight to give to the child's preference depending on age. But the judge has to make the decision based on what the judge feels is the best interests of the child.

To make a change in the current custodial setup, the non custodial parent has to file for a modification of the support order. A hearing is held and the judge will then make a decision.

If the current custodial parent is abusing the child, the child can go to the local family services agency and ask for help. They can be put into a foster situation until the home situation can be resolved.

Another alternative (as has been mentioned) is for the child to become emancipated. This is a difficult process (JudyKayTee posted information about this with links to the law) and requires that the child show they can live on their own.

Those are the legal facts and the options the child has.

sorry im just stressed cause im getting these opinions and not answers

You have been getting answers. Your problem is you don't like them. If you stop playing games on here solutions can be found. There is another solution that is out there that hasn't been mentioned.

sorry im just stressed cause im getting these opinions and not answers



Then I would suggest you write the total situation down on paper and retain an Attorney.

You have insulted the very people who are trying to help you.