I'm writing on behalf of a 17 year old that wants to move away from her home. She lives in Texas, and she needs to know if it is legal for her to move out of her parents' home without their consent. She also needs to know if it is legal for her to live with her boyfriend, who is 21? Or does she need to live with other 17 year-olds? These answers, and additional details on this topic would be extremely helpful.
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
I don't know what the age of majority is in Texas, most states are 18, but no she cannot move out to live with her boyfriend or anyone else without their consent until she becomes an adult, and anyone who tries to help her do so could possibly be charged with interfering with the custody of a minor. All these anxious seventeen year olds just need to take a deep breath and wait until they are adults. And while they are waiting, they may want to consider all the personal responsibility that will descend upon them at the age of 18 when they are in fact responsible for their own decisions and their parents no longer have any legal obligation to provide for them in any way.
The short answer is no she can't. Even though at 17 she is not a runaway, there is an existing court order (divorce decree) that restricts her residence, and which her parents can enforce against her if they need to. Part two of the question regarding the boyfriend is also no. This is tricky - at 17 a person is an adult and no longer subject (in most cases) to the Juvenile Justice Code - and therefore cannot be considered a runaway. HOWEVER, the Penal Code 25.06 says that harboring a runaway refers to anyone under the age of 18, and includes a holding against parents as well as law enforcement agencies. The statute includes exceptions and affirmative defenses. It could result in a colossal mess, and she needs to wait until she is 18. If there is abuse by one parent - she needs to talk to the other parent; if there is abuse by both parents, she needs to talk with law enforcement or adult relative or friend. Good luck.
I've answered this question numerous times on this website. I've also addressed it on my blog.
So look on the website & read my blog - www.txfamilylaw4u.blogspot.com
I agree with the other attorney. I think she & I are getting tired of answering this question!
Good luck! Merry Christmas!
