Can a 16 year old move out if their mother says no?

UPDATED: Jul 26, 2011

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Can a 16 year old move out if their mother says no?

My parents are splitting up in PA. I want to move in with my 22 year old brother in TX.

Asked on July 26, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Until you are the age of majority(18 years old) your parent or parents have custody over you. The only way to end the parental custodialship while you are a minor is to file a petition with the court to declare you emancipated from your parent's control. To obtain such an order, you have to prove that you are financially independent and can take care of yourself.

Usually it is very difficult to obtain such an order from the court. You would be required to meet with counselors to evaluate you who would make a report to the court with recommendations or not for your request.

Have you asked your parents about the possibility of you living with your brother for an interim period while they are ironing things out with their divorce? An interim stay with your brother might lead to a longer stay.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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