Legal Question in Family Law in Texas
Do I have to let my 12 year old daughter go back to her mothers home if she does not want to go? We have joint custody and she is managing conservitor, and has chosen to move to another state, Texas is home of record and still the presiding jurisdiction over our case.
My daughter is determined not to go back due to a severly strained relationshp between her and her stepfather.
1 Answer from Attorneys
If the order says that you have to return her, then you could be jailed if you fail to do so. The best course is to file for a modification with the court asking the court to award primary conservatorship to you.
There is no assurance that you will be successful, but if the facts support it, you should have a good shot. Discuss all of the circumstances with a qualified family law attorney who can better advise you after reading the file and getting more information.
Also, did the order allow the mother to move the child from the state and your county? If it prohibited that, then you have a better case and perhaps can file for enforcement of the order.
Good luck.
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