In Texas, navigating the rights of a 17-year-old under custody can be confusing for both the parents and the teenager. When a teenager reaches 17, they often feel they have more independence, but under Texas law, their rights are still limited. This article will explore the rights of a 17-year-old under custody in Texas, the impact of the Texas Family Code, and practical examples to provide a clear understanding of this important topic.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
What Rights Do 17-Year-Olds Have?
Custody laws for minors in Texas are designed to ensure the child’s well-being and safety while considering both parental rights and responsibilities. While a 17-year-old might feel mature enough to make certain decisions independently, the law still sees them as minors. Custody matters are handled under the Texas Family Code, and even at 17, minors are subject to their parents’ or legal guardian’s decisions.
However, there are specific rights that teenagers at this age have. For example, a 17-year-old in Texas can express preferences about which parent they want to live with during divorce proceedings. This does not mean the court will automatically follow the teenager’s wishes, but it is taken into consideration. The court’s main concern is the best interest of the child.
Texas Family Code on Child Custody and the Rights of Minors
The Texas Family Code contains several statutes that relate to the rights of children in custody situations. Section 153.002 emphasizes that “the best interest of the child shall always be the primary consideration” in custody cases. Courts will look at various factors, including the emotional and physical needs of the child, parental capabilities, and any potential risks involved in each household.
Under Section 153.006, a parent may be appointed as the sole managing conservator, or both parents may share a joint managing conservatorship. Even if a 17-year-old expresses a preference, the court will ultimately make a decision that aligns with the child’s best interest.
A key section that applies to custody and visitation is Section 153.009. This statute allows the court to consider a child’s preference when determining conservatorship (custody). A 17-year-old can state which parent they prefer to live with, but the court will only consider this preference if it aligns with the child’s best interest.
Additionally, Section 151.001 outlines the general rights and duties of parents, which include the responsibility to provide a safe environment for the child and make legal decisions regarding their welfare. Even if a 17-year-old has certain preferences, their parents or guardians still hold the ultimate legal responsibility for them until they turn 18.
Scenarios Where a 17-Year-Old’s Rights Come Into Play
While Texas law limits the rights of minors, there are certain scenarios where a 17-year-old’s voice can be heard in custody or legal matters:
Custody Preference
During divorce proceedings, if the parents are unable to agree on custody, the 17-year-old may express a preference for living with one parent over the other. The court will weigh this preference along with other factors, such as the emotional and physical needs of the child, the stability of each household, and any history of abuse or neglect.
Emancipation
A 17-year-old may seek emancipation, which is a legal process that grants them some adult rights and responsibilities. However, this is rare and typically requires proof that the teenager is financially independent and capable of supporting themselves.
Legal Consent
While a 17-year-old cannot make legally binding decisions like entering contracts or voting, they can give consent for certain medical treatments under Section 32.003 of the Texas Family Code. This includes situations such as consenting to drug treatment, mental health services, or counseling without parental approval.
Criminal Responsibility
In Texas, a 17-year-old can be charged as an adult for criminal offenses, which is a significant distinction in the law. This is an area where their rights are vastly different from those of younger minors, as they are tried in adult court for certain crimes.
The Role of Turner-Monahan PLLC in Custody Cases
Custody battles can be challenging, especially when teenagers are involved. This is where experienced legal representation becomes essential. Turner-Monahan PLLC has been representing families since 1973, offering compassionate and skilled legal services in family law matters. Whether it’s divorce, child custody, or child support, Turner-Monahan’s team provides the guidance families need during tough times.
With decades of experience, Turner-Monahan knows how important it is to protect your rights as a parent while ensuring your child’s needs are met. They are known for being aggressive when it comes to protecting their client’s interests, but always with a focus on achieving what’s best for the family as a whole.
Important Factors in Custody Decisions for a 17-Year-Old
Stability
The court is concerned with ensuring the 17-year-old has a stable environment. This includes factors like the parent’s job stability, emotional availability, and the overall safety of the home.
Education
Another important consideration is the teenager’s education. Courts will consider the quality of the school district in each parent’s area, as well as the teenager’s academic progress and future aspirations.
Emotional Needs
At 17, teenagers are on the verge of adulthood and may have unique emotional needs. The court looks closely at how each parent meets these needs, ensuring the teenager has a supportive environment during this critical stage of development.
Turner Monahan PLLC – Here to Support You
For parents and 17-year-olds alike, understanding your rights and responsibilities is crucial. If you need assistance in a family law matter, don’t hesitate to reach out to Turner-Monahan PLLC. We offer expert legal support to ensure your family’s future remains secure. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
