Legal Question in Family Law in Missouri
Custody across states
My 15 year old daughter is staying with her dad in Missouri until july 17, we live in Texas. We have recently uncovered somethings and when advising her that when she returns, she will have more restrictions she said she would just stay with her dad.
I realize that she is old enough to make that decision, but since I have custodial custody, would he have to take me back to court to allow her to stay? Also since he has never contributed financially to her upbringing, if She is allowed to stay would i have to pay him support when he has refused to pay me support for 15 years?
Lastly he has a history of drug use although i admit, he is very good to his 4 daughters including ours together. If I go up there in 2 weeks and he refuses to allow her to come back, is it legal to call the police for an escort and ask them to drug test him, im pretty confident he would fail but i really dont want to have to resort to this route.Thank you for your time
1 Answer from Attorneys
Re: Custody across states
The court has the final say over whether a custody change is in the child's best interests. The Texas Family Code allows a child to enter her preference, but that is not binding on the court. Generally, decrees have geographical restrictions and the courts do not allow this to change without a very good reason.
On child support, if he ends up with custody and asks for it, then he will likely receive it. However, there are several factors the court will consider, such as if there is a huge disparity in earning capacity and other child support obligations.
You can ask the police to enforce the order on visitation, but they may not be willing to do it. You may end up having to file something in court here to make him give her up. You can also ask the court to order a drug test.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
