Legal Question in Family Law in Texas

16 year old Child Custody

My 16 year old ran away & I listed him with the police as missing. He turned up at his non-custodial parents who contacted me that he would keep him if I would stop his child support. He is currently in arrears by over $100,000.00 & keeps moving jobs so I have to chase him. I told him to bring my son home but he refused saying he would call Child Protective Services on me for kicking my son out & then sue me for custody & child support. He is now trying to withdraw him from school but the school wants my permission as the custodial parent. Should I give permission for the sake of my son or will that look like I am giving up custody if we end up in court? Also, what if my son calls for his personal things. I want what is best for him but don't feel living with his dad is best. He has a medical condition & his father doesn't pay child support or keep medical insurance on him. The police say they won't drag him home since he is not being held against his will.


Asked on 9/12/05, 4:59 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: 16 year old Child Custody

I JUST ANSWERED YOUR EMAIL IN GREAT DEPTH. UNFORTUNATELY, LAW GURU DELETED IT SINCE IT WAS TOO LONG!!!!!!

I'm going to do this short and sweet:

1. He can call CPS if he wants. This is a common threat of ex's that want to scare you.

You cannot stop him but if CPS calls or visits you, talk to them. You can hire an attorney to help you if you want.

2. If he owes you past-due child support, I'd get a JUDGMENT against him. Then if he never pays, you might inherit if your ex dies before you.

3. If he was ordered to pay health insurance on the kid and does not carry it, then that's also a case of contempt.

4. Is the kid missing school? That's unacceptable. He needs to be in school!!!!!

5. Don't let him have any of his "toys". The kid might be willing to come home if he can't get his stuff - clothes, cell phone, car, dvd player, etc.

6. If you want to know any more, e-mail me direct or call me.

I'll give you my personal opinion (as a parent of a teen-ager and a divorce lawyer for over 14 years).

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Answered on 9/13/05, 4:39 pm


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