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guynesg · Aug 7, 2009, 10:37 AM

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?

mszmimi18 · Aug 7, 2009, 10:40 AM

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.

guynesg · Aug 7, 2009, 10:48 AM

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

kathyrules123 · Aug 7, 2009, 11:17 AM

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

guynesg · Aug 7, 2009, 11:17 AM

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

stevetcg · Aug 7, 2009, 11:19 AM

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.

guynesg · Aug 7, 2009, 11:29 AM

Originally Posted by stevetcg

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?

stevetcg · Aug 7, 2009, 11:46 AM

Originally Posted by guynesg

__________________________________________________ ________________________

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.

guynesg · Aug 7, 2009, 11:48 AM

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?

guynesg · Aug 7, 2009, 11:51 AM

Originally Posted by stevetcg

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?

stevetcg · Aug 7, 2009, 11:52 AM

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.

stevetcg · Aug 7, 2009, 11:55 AM

Originally Posted by guynesg

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.

cdad · Aug 7, 2009, 12:02 PM

Originally Posted by guynesg

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.

guynesg · Aug 7, 2009, 12:07 PM

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?

J_9 · Aug 7, 2009, 12:09 PM

stevetcg · Aug 7, 2009, 12:11 PM

Originally Posted by guynesg

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.

guynesg · Aug 7, 2009, 12:11 PM

Originally Posted by stevetcg

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

Minibean · Aug 7, 2009, 12:12 PM

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.

stevetcg · Aug 7, 2009, 12:14 PM

Originally Posted by guynesg

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.

guynesg · Aug 7, 2009, 12:20 PM

Originally Posted by stevetcg

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