I have a 17yr old girl living in my house. Her mother kicked her out in a argument over 8 months ago and her father is disabled (her mother and father are not together). This girl had no where to go and she has been at my house for the past 5-6 months. The mother receives a social security check on behalf of child support for all these months and when the girl asked for some of them money to live on, the mother said she didn't get the check no more. I have the child enrolled in a online school to get her high school diploma (I can't send her to public school since I don't have custody), her mother keeps the custody to receive the check. Anyway the girl went to the social security office and they said she can receive the check herself since she no longer lives with her parents (that the check is suppose to go where she lives for her welfare) the check is only a little over $200 a month. A few days ago the mother found out about the check and said if she doesn't get the check back then she will come get the girl. The mother does drugs and has at least 10 other people (1/2 are underage) living in the house she is renting (only a 3 bedroom house) and has past police and child protective issues. Can her mother just come on my property and get her daughter even though it is for the best interest of the child to not go? It is a weekend and we do not have time to hire a lawyer before her mother comes over. It is clear this is all over the money, so what rights does this 17 year old have?

The 17 yr old has no rights here. And the police could arrest you for custodial interference. The best option you have is for her to go home with the mother and Tuesday morning you file a complaint with Family Services, offering the foster her until she turns 18.

Such a complaint should have been file when she was first kicked out and you could have avoided this.

Are you speaking advice from an expert legal department or are you just a giving advice just as a citizen?

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Originally Posted by sharynkn

are you speaking advice from an expert legal department or are you just a giving advice just as a citizen?

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He's giving advice from a person who read and understands the law.

Why would you ask that?

Here's a more complete explanation:

"The age at which you can LEGALLY move out of your parents' home without parental consent in Texas is 18.

If the Police are called the person harboring the under age person can be charged with Harboring a Runaway Child. All that charge requires is that you know the child is in your residence, the child is younger than 18 and the child does not have parental permission to be in residence other than the parents' for a “substantial length of time.”

The child can be taken back to the parents' residence by the Police OR can be placed in a youth facility if the parents believe they cannot control the child's actions.

It IS possible for the child to go to Court to be declared a person of majority (age). The procedure is somewhat lengthy, testimony will be taken, there are no guarantees the Motion will be approved."

Do you need the exact sections of Texas Law?

I have not addressed parental abandonment because I'm not seeing it in this situation.

EDIT: Until/unless a Court determines what is in the best interest of the child this statement is not correct: "Can her mother just come on my property and get her daughter even though it is for the best interest of the child to not go?"

The mother of the child can come to your home and demand that her daughter who she has custody of, be returned, If you do not, she can call the police and have you arrested, that is the law.

You may call ( which is what you needed to have done months ago) social services and report this. The child may have had to go to foster care or they may have allowed her to stay there, but it would have been done legal.

At this point you have put yourself at risk of a law suit and criminal charges of parental interference, harboring a run away and more.