Emancipation and Ages for Moving Out

In Texas can a 16-year-old who is in foster care be emancipated in order to live with their real mother?


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As a child in foster care, you should have a caseworker and an attorney assigned to you (the way the state assigns your representatives may vary, you might have an "advocate" or a state attorney might represent you in court hearings). If your caseworker is not in favor of you living with your mother, you should be able to talk to your attorney who should be the one to speak for you in court and explain why you want to live with your mother and why that might be a good idea. While a child is still under the age of 18, she doesn't have the right to decide where she lives for herself, but the state should consider a 16-year-old's preference. That doesn't mean that she will get her preference. If, for example, a 16-year-old's mother was a dangerous person or was homeless, the state might still decide that child needed to stay in foster care or in a group home. If you can't figure out who your attorney is or need more help, try this link: http://www.naccchildlaw.org/ A minor in foster care is already under the supervision of the court and the issue is not subject to appeal by the minor but only by a review and recommendation by the social service agency in charge and the judge who issued the custodial foster order. In cases where the court believes a minor rights have been violated the judge will appoint a Guardian Ad Litem to oversee the matter, this is not a viable option in a case where the child has already been placed in a foster home. The biological parent would have to petition the court for the return of her parental rights before the court would address the issue of removing the child from the current home. The parent would also need to submit a parenting plan to the court and proof that they have resolved the issues that created the situation where the child had to be removed from their custody in the first place.