PhotonicJo
New Member
My little cousin has decided that she has no option but to leave home. Her mom is a pill head and her dad is absentee. She cannot do any right by her mom and is constantly being abused by her. There is no talking her out of it and I do not think I should. There are many other conditions I would rather not go into on this forum. If she does not go to live with family, she will just go to some boy's house (not good) or a friend's (no stability or the best influence). I would rather she be with family that cares for her and her future.
She has come to me for counsel and I have read a few things that seem to make it look like she can do it legally at 17 in Texas. First there is the runaway/missing child issue. According to "Attorney General Opinion No. GA-0125, 2003 WL 22814516", she cannot be forced to go back by law enforcement if her parents know where she is staying. I have told her to send a certified letter when she gets to where she is going. The issue here is if one of her parents show up and tell the cops they are they to take her. What are the options there? Can she just quote this section and say that if they do not have judge's orders she will not go?
The next issue is the schooling. According to "Attorney General Opinion No. JC-0103, 1999 WL 680105", juvenile courts have no jurisdiction over truancy by a 17 year old. I have read many supposed legal experts that refute this? My issue is that if her parents refuse to let her leave they will not let her enroll where she goes as another measure to get her to come back. Can she simply enroll herself without unenrolling from her home school? What if the local juvenile court is unaware of this opinion and still summons her to court? This would force her to go back where her parents are or face the legal ramifications.
The last issue is her independence. She would ultimately like to petition for removal of disabilities of minority. How tough is this? Can she send this to a court herself or must it be through an attorney? She would like to finish her school and get into college and never have to worry about her parents being a factor (financial aid and such).
Thanks for any advice you can give me!
She has come to me for counsel and I have read a few things that seem to make it look like she can do it legally at 17 in Texas. First there is the runaway/missing child issue. According to "Attorney General Opinion No. GA-0125, 2003 WL 22814516", she cannot be forced to go back by law enforcement if her parents know where she is staying. I have told her to send a certified letter when she gets to where she is going. The issue here is if one of her parents show up and tell the cops they are they to take her. What are the options there? Can she just quote this section and say that if they do not have judge's orders she will not go?
The next issue is the schooling. According to "Attorney General Opinion No. JC-0103, 1999 WL 680105", juvenile courts have no jurisdiction over truancy by a 17 year old. I have read many supposed legal experts that refute this? My issue is that if her parents refuse to let her leave they will not let her enroll where she goes as another measure to get her to come back. Can she simply enroll herself without unenrolling from her home school? What if the local juvenile court is unaware of this opinion and still summons her to court? This would force her to go back where her parents are or face the legal ramifications.
The last issue is her independence. She would ultimately like to petition for removal of disabilities of minority. How tough is this? Can she send this to a court herself or must it be through an attorney? She would like to finish her school and get into college and never have to worry about her parents being a factor (financial aid and such).
Thanks for any advice you can give me!
