PRICEDANIEL
Bon. LlOJa cros1ia opiaion HO. v-913
District Attorney
Lubbock, Texas Re: The ellglbillty for
“resident” re&atra-
tion fees at Tsxas
Techaologlcal College
of a 19 ear old na-
tive of i klahlmu who
now lives la LubkuMk
with his wife and
. Dear Sir: child .’
Referdxe ia made to your recatit request which
reads in part as follows:
“It is undlspul+ that Jerry L. Shelby
is a male parson, 19 em8 of age, mrried,
the father of one oh1 3 d an@ livl
bock, Texas with his wits, and CM Y 8.In Jerry
Lub-
ahelbj lw&+v to Lubbock, Texas wit& hi8 wife
ilh my, 19474 , for thq gurgc~se or making WI-
beak, Tbur hir bomb; &ad vlth 80 iatbntlvn
tolls e at
80 hap lived in Lubbock, !faxa8
rith his i~lfs since l&q 1, 1948, and during
that time a child war born to than, after
which they continued to live in Lubbnok, Tex-
as. Durlr&# the entire time that he Bnd his
wife end ahild have lived here he kar been
employed in the Clt]r of Lubbock, u&or full
tlmb employBoat, and haa there~ mado a liv-
W&W&wolf, hia rife and ohlld do*
At the t&no Je%‘ry 8holbj oam to
‘pexaa, a& at 011 times sinae, he has mni-
feeted br eX~sss10t.~ aud Wel’t act8 that
Lubbock is his home oad place of pbrmnbnt
realdeaob 8nd doa%alle. Ba ir now am&ka
hen dariu hla mWt.d Sir rup rttru JW-
oblf, PPI wit@*8ad ohild, lILtmA r wy raor
ua o e tr o rly o a o .
/’
,
.
.:
- .
Hon. Lloyd Croalin, page 2 (V-913)
“The wther
and rather of Jerry Shelby
live in the
State of Oklahon end are doM.-
cued there. Qelthar contribute to the uup-
port OS Jerry Shelby nor hia Sanlly.
‘Jarrf Shelby deriraa to aaroll la
four Toohmolo cal Collo#o la &#mbor
o? 1949, *a a fi la h wr s rtudent, a ndwia -
taina that he has tha right and prirlla o
oi reglatratioa au a student in this co %-
loge upoa hi8 pylng the 8rbaident8 rb((i6-
tratlon foe, and rlthout hwly to mf the
8aoa-reeidant I rogiatmtlon ire O”
your quaatioa iar OeAor the facts aubmltted,
ia thla atudrat claaaifled a8 a ao8-rasldeat atndont
under Article 26540, Varnon’a Civil Statutea?
Artlole 26540, Veruonaa Civil St8tute8, IWO-
vldba in part aa follevs:
“(N) A nonroald~at otudmt la haroby
dorUed to ba l a tndo a tof laaa than trm-
tpou’ (21) narlr 0r qe, lit lw87fr o r
hi8 fa8il7 and vhbae fully ‘“f de8 1~~
~08
me&her St&o, or whoeo imilt baa not 190
aided In Tour for tha trelvo (12) w&ha
lmedIate17 prooedlw the date oi ragia-
tr8t1oai . . .
“(b) The term ‘rorldomob’ eI) u0.d l8
thla Aot maan8 ‘do8IoIlm’; a . 0”
It 10 at8ted In 31 Toxaa duriap‘udeaoo 1319,
?aroat md Child, ko. 47 thats
“Thou@ there la ILOstatute 80 @Ovid-
lag, the rrriage of a daor a08 ala0 owa-
cipmtea him, for the 18~ l~posba u~@a a
huatind the dutt of rupportla(: hla wife ud
fd.l~l ,d for luah muqma~ r&l hia 6ma-
8r0 pivrll~ to be dbrotod. ThO 800'8
O?J
‘“F l@lon ia luuh l aaaa IS to hlr own fu-
117, rather than to hla paro~ta. 1
‘Parenta ry and frequent17 do coa8oRt
to the lwaol~tlo8 of ohIldm8 2 EM&ad
waoqh to ww for thmwlvea. -
tioa to ommclpate nerd not be bX)FO8@@&
Ben. LloJa Croalla, pegs 3 (V-913)
be InfelmM rrQ8 fib@ aomaet et the
aad the aucrowdIu8 olrctuatan4ms.
“Where there hau boon a oo8pbte emn-
clmtioa or a renuac%aticbnof parmtal
rights, a minor child ooeupier the mme re-
latlo8 to the parents a6 if iw b8d arrIv8d
at full 41;e.”
Also in 23 Texas Jurl~~~~doncs 14, HuubmaaI8~4
Wife, Sbc. 4, it is stated that:
"The family group had its origin ulth
the iirat pair. In legal oonte~atlon
'fatil7' is not alva7u e7noll~1oue with
'lutuEa~Q end wife, ' wt It we ummU7
I8 00.
In the sare volume at #a&a 18 we ilad the foo3-
ICOMig:
“We have just so8n t&t the husbmd,
as head of tlq faUl7, ry eeleat bha hr-
il7 dap,iaL;La.
Ia mmberg., Caailieb or lmw, ~.44-45, we
tik iollow ita&
“It is frr txoW;tt rUCb*l Mwt aa
amacigSmd chid PY aappti~q a @ul@U
aopwat8 fro8 that4 03 I%* grcw*r. . .
It muld imem that in an7 oase in rdsiah
a child is 'on his ona' and independent
of his parenta, he should be able to ac-
quire a domloil o? his own, perticularl7
if he has attained 7ears of discretion.
SO, It ha8 rlso laoen held that a child
upn hui wrria~. suWlrFeatl7 pnasra
frcr parental control to pWWt aoquisl-
t&m of a separate, dolalcll, although
there we earea, to t&e ooatrary. a ."
Although the gmeral rule is that the dorioila
af a minor is that of h.ia parents, we belleve such rule
l& Plot applicable to the iaetaat ease. bra we have a
mamied m&nor who has a full7 of hlr own md vho ham LJ
him omn 8ate tenlrrated the feril7 relatlowhip with h&e
$Watite, and he h&s been living with his ova fati il
Texas for more than twelve moaths.
- .
Eon. Lloyd Crosl1a, mge 4 (v-913)
Since the minor In question has acquired e
family of' his own, It 1s our o~lalon that under the
facts preaeated such minor 18 not to be claerifled act
a nouresldent of the State o? Texas wlthln the n8ning
of said Article.
A minor who Is rrrried and ha8 been
living in Texas with his wife aad non for
the past twelve monthe, aad whose parent6
are residents OS Oklahomm, is not to be
clssslfled as a nonresident within the
meama:~eof Article 26540, Ver~on'm Civil
.
Yours very truly,
ATTORNEX
OENBRAL
OF TEXAS
BA:bh:mw m
Amslrtrnt
x-&
PFIMT ASSISTANT
ATTORSUY
-