Currently, at the age of 17 you are allowed to move out of your
parents home with out their consent. However, they do not receive the
same rights as an adult. I need to know if they can move out of state
or if there are any limitations on who they can move in with.

Howdy guely,

Please note the "Important Disclaimer: Answers and comments
provided on Google Answers are general information, and are
not intended to substitute for informed professional medical,
psychiatric, psychological, tax, legal, investment, accounting,
or other professional advice."

It appears that one would have to reach "age of majority" or gain
emancipation before the age of majority in order to move out of a
guardian's house without consent.

As for emancipation, the Juvenile Law Center website's "Emancipation
in the United States" web page states:
http://www.jlc.org/home/info/FAQ/emancipUSA.html

"Emancipation is not available in every state in the United States.
Where it is available, emancipation is a legal process by which minors
can attain legal adulthood before reaching the age at which they would
normally be considered adults (this is called the 'age of majority')."

Further down the same page they address the lack of a Texas statute.
http://www.jlc.org/home/info/FAQ/emancipUSA.html#texas

"Texas - No Emancipation Statute"

So, the emancipation route appears to be out.  Let's check into the
"age of majority" for Texas.

The Aging & Developmental Disabilities Coalition of Tarrant County
site
speaks to the age of majority.
http://www.aaatc.org/man13.htm

"Majority - any resident of Texas who lives to the age of eighteen
reaches the age of majority on his or her 18th birthday."

So it would appear (as supported by the Texas Attorney General opinion
that justaskscott presents below) that one would have to be 18 before
they can move out of their guardian's house without their permission.

This "Win Child Custody" website message concurs.
http://www.winchildcustody.com/highschool/_disc93/00000712.htm

"Texas has a no emancipation statute and the age of majority is 18.
You would need your parent's permission to move out."

All of that said, there appears to be some support that people can
leave the house at 17 and maybe the police won't come after them,
at least under some circumstances.

The Texas Runaway Hotline website has the entry "Can I move out of
my parents' home at the age of 17?"
http://www.tdprs.state.tx.us/Prevention_and_Early_Intervention/Helping_Youth_and_Families/questions.asp#cani

"In Texas, a new law went into effect September 1, 1999. Call us at
the Texas Runaway Hotline [1-888-580-HELP] and we will explain the
law. If you would like, we will also discuss your options."

There are some comments on the LawInfo's Texas Family Law Board
that seem to describe the above law.
http://chat.lawinfo.com/thread.cfm?TID=674&fid=451

"In Texas, a child can move out at age 17 and the police will not
force
the child to come home."
...
"At seventeen the police DPT in the state of texas will no longer take
a report on a runaway child."

Since a 17 year old in Texas would not be of an age of majority and
can't be emancipated, it might be possible that moving out of the
state could put them into potential problems with the laws of other
states that might consider them an underaged runaway.  Moving in with
someone, at least in some states, might cause lots of potential legal
problems for the other person due to age of consent, interstate
transport of a minor laws, etc.

The 17 year old probably couldn't sign contracts (rental agreements,
etc.) until they were (at least) 18, might not be able to get a job
and so on.  In some parts of Texas, the local police might not be too
happy that a 17 year old moved out of the house as well, regardless
of what the law might say.

It couldn't hurt to call the Texas Runaway Hotline [1-888-580-HELP]
and get their take on this whole thing.  As they state at:
http://www.tdprs.state.tx.us/Prevention_and_Early_Intervention/Helping_Youth_and_Families/questions.asp

- How can the Texas Runaway Hotline help me?
"We can talk with you about your problem, discuss your choices, and
help you develop a sensible plan of action. We’re also available if
you want someone who will just listen."

- Who answers the Hotline? 
Trained staff and volunteers who really care about what happens to
you. All of our calls are strictly confidential: are not with the
police, we won’t tell you what to do, and we do not have caller I.D."

- Will the call show up on my parents’ telephone bill?
"No. Our number is toll-free so we pay for the call. There are no
costs associated with our services."


Search Strategy:

Google search on keywords: emancipation texas
://www.google.com/search?q=emancipation+texas

Google search on keywords: "age of majority" texas
://www.google.com/search?q=%22age+of+majority%22+texas

If you need any clarification, feel free to ask.

Looking Forward, denco-ga

---

Clarification of Answer by denco-ga on 15 May 2003 10:19 PDT

Howdy guely!

I stand corrected.  As you can see by expertlaw's comment below,
Texas indeed has a "removal of disabilities of minority" statute.
http://www.capitol.state.tx.us/statutes/fa/fa0003100.html#top

§ 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."
...
§ 31.006. Effect of General Removal
"Except for specific constitutional and statutory age requirements,
a minor whose disabilities are removed for general purposes has the
capacity of an adult, including the capacity to contract. Except as
provided by federal law, all educational rights accorded to the parent
of a student, including the right to make education decisions under
Section 151.003(a)(10), transfer to the minor whose disabilities are
removed for general purposes."

There is more at the above URL you might want to review.

Also make sure to read the rest of expertlaw's comment.  If you desire,
I can ask the editors to remove my answer, so expertlaw may answer it
and receive credit for it.

Looking Forward, denco-ga

---

Clarification of Answer by denco-ga on 15 May 2003 13:12 PDT

Howdy guely,

I would think that with the additional material provided by expertlaw,
that a 17 year old, without going through the "removal of disabilities
of minority" process, could not legally move out of state, and in fact,
could not even move out of the house without parental consent.

If they did go through the "removal of disabilities of minority"
process, the clause below appears to be effective.
http://www.capitol.state.tx.us/statutes/fa/fa0003100.html

§ 31.006. Effect of General Removal
"Except for specific constitutional and statutory age requirements,
a minor whose disabilities are removed for general purposes has the
capacity of an adult, including the capacity to contract."

So, if a 17 year old did go through "removal of disabilities of
minority" process, it appears they could leave the state.

Thank you for being so gracious about the problems with my original
answer, and thanks to expertlaw for pointing out my mistakes.

Looking Forward, denco-ga

Thank you everyone for your help. Denco, don't worry about the
emancipation issue. You still helped me with all your other
information. I just wish I knew if they could move out of state. I'll
call the Runaway Hotline for more information.

The disclaimer at the bottom of this page notes that answers and
comments on Google Answers are general information, and are not
substitutes for informed professional legal advice.  We can find
information, but we cannot guarantee that the information is a correct
statement or interpretation of current law.

I have seen some references to the belief that any person can move out
at the age of 17 in Texas without the parents' consent.  However, the
following Attorney General opinion might cast doubt on that:

"Officer must take possession of unemancipated 17-year-old reported as
missing and deliver person to parents or to DPRS"
Texas Juvenile Probation Commission
http://www.tjpc.state.tx.us/publications/reviews/00/00-3-11.htm

Perhaps other Researchers will find information to support or refute
this.

Dear guely,

As the quotation justaskscott-ga posted suggests, Texas does in fact
have an emancipation law. They refer to emancipation as the "Removal
of Disabilities of Minority". The statute can be found on the Texas
Legislature website:
http://www.capitol.state.tx.us/statutes/fa/fa0003100toc.html

The statute which became effective on Sept. 1, 1999 does not make it
legal for a seventeen-year-old to be a runaway, but instead removes
the potential criminal penalty against somebody who provides refuge to
a runaway who is aged 17. ("A person commits an offense if he
knowingly harbors a child and he is criminally negligent about whether
the child: ... is younger than 17 years and is voluntarily absent from
the child's home without the consent of the child's parent or guardian
for a substantial length of time or without the intent to return.")
This statute can also be found on the Texas Legislature website:
http://www.capitol.state.tx.us/tlo/76R/billtext/HB01043E.HTM

Given that the 1999 statute expressly recognizes that a 17-year-old is
a child, and the emancipation statute applies to 17-year-old minors,
it is no surprise that, as justaskscott-ga pointed out, the Texas
Attorney General asserts a continuing right to pick up 17-year-old
runaways.