Legal Question in Family Law in Texas
17 year old daughter wants to live with other parent
I have joint custody. Other parent has custodial rights. The children have spent every weekend with me and every other week during the summer for the last ten years. My daughter is now 17 and wants to move in with me and go to school at our local high school. I was told that she could make this decision on her own. Is that true?
2 Answers from Attorneys
Re: 17 year old daughter wants to live with other parent
Quick answer - no.
She can make her choice known to the Court but the Judge only uses her input as one factor in his decision.
For example I had a case where Dad and his teen-age son smoked pot together. The boy wanted to live with Dad. The Judge refused to let him live with Dad.
You need a modification. If everyone agrees to the change, it is easy, quick and inexpensive.
If the other parent won't agree, then it takes a bit of time and money.
If you live in the Houston area, I offer a free telephone consulation at 713-847-6000.
Best of luck,
Fran Brochstein
Re: 17 year old daughter wants to live with other parent
Fran is correct ... basically, in ordinary circumstances, the court is going to let a 17 yr. old go where they want ... the test is the best interest of the child ... Call me at 210.224.5811 if I may help ...
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