If I’m 17 years old and want to move out of my house, can I legally move out since I already have a place to live?

Asked on November 30, 2015 under Estate Planning, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Parents are legally responsibl eto care fr their children until they reach the age of 18. However, states provide a way for a child to be given the right to live on their own, without parental involvement. The TX Family Code Chapter 31 governs the "removal of disabilities" of minors in that state (otherwise known as "emancipation"). Under the law, being a minor is considered a "disability". If you google the Code you will be able to read it. If you meet the eligibility requirments then you can file the petition that you need. In it you will have to state the reasons that you wish to be emancipated. The court will always ask you about money situation and whether or not you have a job, place to live and health coverage. Basically, they want to see a plan that is well thought out. It will cost about $1000 to have a lawyer prepare and file the papers, although you may be able to apply for a waiver of the filing fees (i.e. you may be released from having to pay). Typically judge's prefer to have the child wait until they are 18 rather than grant the request, however if there are good reasons for you to be given your independence from your parents then you may be successful. 

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