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My daughter 15 lives with her dad who has full custody, she ranaway last week for his kicking her out and verbally abuseing her, i went to legal aid to seek help on getting any custody to get her back, but legal aid do not do modifications since i dont have no rights, my question really is, i live in texas and her in california, if she comes over here and her being in juvenile probation, can i get arressted or will the police take her back home?
Your husband has full legal custody and she in on probation in CA.. If she comes to you and you allow her to stay that could be considered parental abduction or parental kidnapping. You would be arrested and she would be returned to your ex-husband.
Legal Aid has no standing to change custody of a minor. You have to go to court to do that. The child is a legal resident of CA and the parent with full legal custody lives in CA . You would have to apply to the court system in CA for a change in custody.
I would suggest you contact a family law, legal aid attorney in CA for a consultation on what your options might be.
If you're on speaking terms with your ex-husband, you might want to talk to him and your daughter. Encourage them to go to family counseling to find out what is going wrong in their relationship and how to fix it.
What you don't want to do is to let your daughter manipulate her parents or play one against the other.
The problems she is having with her father could just as easy become problems she would have with you.
In Texas the criminal age is 17 but the age for legal dropping out is 16.
Anyway any state that tries to make it illegal to drop out after 16 is not being realistic and the law should be ignored. Let the high schools be peaceful. Some people don't want to learn and can't be saved.
Quote:
Originally Posted by afoigrokerkok
No. In some states, they can drop out at 16. In others, they have to wait until 17 or 18. Here, they have to wait until the end of the school year during which they turn 18...they can't even drop out on their 18th birthday.
These legal loopholes exist because the age at which a child is considered an adult for criminal purposes may be different. Here, it's 17. 16 is the maximum age to go to juvie. 17 year olds are taken to adult jail, adult court, get put on adult probation, go to adult prison, etc.
It does NOT mean that a 17 year old can drop out of school, sign contracts, etc. What it does do is create a gray area for 17 year old runaways. They CAN be picked up by the police and returned to their parents, but there is nothing a court can do about it. If they were 16, they could also be put on juvenile probation, put in a group home, etc. The harboring a minor laws, however, apply with respect to minors under 18.
That said, in something like 35-40 states, the criminal adult age is also 18, so this gray area does not exist.
In Texas the criminal age is 17 but the age for legal dropping out is 16.
Anyway any state that tries to make it illegal to drop out after 16 is not being realistic and the law should be ignored. Let the high schools be peaceful. Some people don't want to learn and can't be saved.
No, a 16 year old cannot drop out of high school in Texas except in limited circumstances. Compulsory education extends to age 18.
As an aside - why has a nearly seven-year-old thread been resurrected?
Last edited by afoigrokerkok; 10-25-2014 at 01:38 PM..
2. At what age may a student drop out of school?
A child who is under 18 years of age is required to attend public school. There are several exemptions from this requirement. A primary exemption is for students who are enrolled in a private or parochial school, including a home school. Another primary exemption applies to students who are at least 17 years of age and are either enrolled in a GED (high school equivalency) program or have received either a high school diploma or a GED certificate. The statutes stating the compulsory ages of attendance and the exemptions from attendance are Sections 25.085 and 25.086 of the Texas Education Code. If a child is required to attend school and fails to do so, criminal charges may be brought against the parent under Section 25.093 or against the student under Section 25.094. The offense is a Class C mindemeanor. There is some information on this topic in the attendance section of the Administrator's Letter. [top]
In Japan and China, high school is optional (but most people attend). Only the 9th grade (final year of junior high school) is mandatory.
For that matter, it may be good to check school enrollments by grade level in high poverty schools. I'm having difficulty finding enrollment numbers of students by grade level for Texas schools. I'd like to track the # of 9th graders at a high poverty school and see how many are 12th graders after 4 years. If you see a big drop from 9th grade to 10th grade there are dropouts despite what the law says or so many are held back that they may as well drop out (held back too much and you won't be able to graduate on time).
If students aren't benefiting from staying in high school they should be allowed to quit before they're 18 or they're going to poison the school atmosphere.
I had the same problem with my 16 year old, but our problem mostly stemmed from some of my family members telling my son, your sixteen now she can't stop you from doing what you want to do. By the way what he wanted to do was hang outside late as he wanted to, not clean his room, misbehave at school and he expected me to just take it because he was sixteen. I let him stay at my family members house until we both cooled off. I went to the juvenile justice center to have him declared as a runaway, got the correct paper work filed on him just in case he wanted to rebel when i went to pick him up. They hadn't sent him to school the whole time he was there living with them. I went to their house, knocked on the door, he said he was not going with me, I gave him the option to either come peacefully or i could call the police....he chose to come peacefully. Oh!!! did i mention that i have a brother who's the same age as my son that had just runaway from home. Sometimes there is really a problem in the home and sometimes they just want to have things their way. As a parent i would never invite someone's child to just stay at my house without the parents consent. I would try to talk to the parent to find out what the problem was and if i could be of any assistance, as far as helping them seek counseling or something.
Hi, I'm just wondering what was the proper paperwork that you acquired from the juvenile court? I'm having the same issues with my daughter and police will not assist me at all, because it's a civil matter , not a law issue, except if they break the law, then they will step in!! How do you get your child to go with you when they are 16 and they say they have the right to not go with you, and being she's taller than me? I'm at a loss....
Hi, I'm just wondering what was the proper paperwork that you acquired from the juvenile court? I'm having the same issues with my daughter and police will not assist me at all, because it's a civil matter , not a law issue, except if they break the law, then they will step in!! How do you get your child to go with you when they are 16 and they say they have the right to not go with you, and being she's taller than me? I'm at a loss....
The original thread is 8 years old and no one will pay attention to your post because they'll respond to the original post. You should start a new thread if you want any information.
My 16 year old son is currently staying with his grandmother. He has always said he wanted to live with her because he doesn't like living out in the country and "not having a life". And he doesn't like my rules, like no smoking pot, doing the dishes, going to school, and no drivers training or working a job until he pulls his grades up. He barely passed ninth grade and is currently a D student. All I'm asking for is him to do his best but he isn't even trying because he doesn't do the work. When he does the work he actually gets good grades but he has no interest in doing it. His grades are because of missing assignments. He was on probation last year for possession of marijuana, in which I called the cops when I caught him smoking it again in the basement. I warned him that I would. After he got off probation he got high and i had to call an ambulance this time because he freaked out. Then he said he wasn't going to do it again. But he still continued too. So I grounded him for a month took away his phone and started giving him at home drug tests. And he failed this last test after I suspected he was high again. I tacked on another month of groundatuion. He said I'm wasting his life and he is going to live with his grandmother. At first I said no but he said he was going to do it one way or another and as he put it "the war has begun". Now, I left home against my mom's will when I was 17. I thought I was grown up enough to make my own decisions. But I came back home after a few months. And instead of going to war with my son I let him go. But we agreed that if he's getting in trouble there he has to come back home. His grandmother didn't even want him there at first because she doesn't want to have to deal with this either. But my son said he will do better in school, stop the marijuana, and follow grandma's rules because he really wants to live in town. I'm going to give him the chance willingly and him willingly agreeing to stay out of trouble because he is just going to leave any way if I sit on him. And I have two young girls I'm still raising that don't need all of this family drama. Sometimes kids need to learn the "hard way". I did. And no more than he got to grandma's he called and left a msg for me about needing a phone card. Sorry dude. It's time to feel the consequences of your choices. Do some chores around the house for grandma and earn the money. And don't call me again when you want pizza rolls dropped off there either. Grandma's house, grandma's food...
It is a civil matter and the mother had recourse and chose not to use it.
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