Does a 17 year-oldhave the right to move out oftheir parent’s house if they have a job and plans to continue their education?

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Does a 17 year-oldhave the right to move out oftheir parent’s house if they have a job and plans to continue their education?

Asked on October 19, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

What you are referring to here is "emancipation", or as it is known in TX, "Removal of Disabilities of a Minor".  This is a legal the process whereby you become an adult in the eyes of the law. You can petition the court for emancipation if all of the following requirements are met:

§ 31.001. REQUIREMENTS. (a) A minor may petition to have
the disabilities of minority removed for limited or general
purposes if the minor is:
(1) a resident of this state;
(2) 17 years of age, or at least 16 years of age and
living separate and apart from the minor's parents, managing
conservator, or guardian; and
(3) self-supporting and managing the minor's own
financial affairs.
(b) A minor may file suit under this chapter in the minor's
own name. The minor need not be represented by next friend.

This link will provide further information on the applicable statute, Texas Family Code, Title 2, Chapter 31.  http://www.capitol.state.tx.us

Among other things, you'd have to prove to the court that you are capable of fully supporting yourself - that means establishing and maintaining your own home, not living with someone else and/or depending on them for support.  Also, you would have to prove that there is a legitimate reason that it should grant emancipation; in other words, merely not getting along with your parents or wanting more freedom won't be enough.

Note:  The age of majority is 18 (that's when a minor automatically becomes an adult).

 


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