Legal Question in Family Law in Texas
13 year old wants to live with dad
My 13 year old nephew lives with his mother with whom has custody. My nephew has recently tried to commit suicide, and threatened repeatedly to run a way if he can not go live with his dad. The mother has turned a deaf ear to his wishes and has put him in counsiling for the suicide attempt and the problems he is having in school. My nephew is very serious with his pleas. Unfortanatly his father does not have the monetary resourses to continue fighting my nephews mother in court for she had it moved to the county that she lives in and it will cost $3500 plus dollars just to proceed. Is there any thing that the courts will allow for my 13 year old nephew to tell the judge himself the situation, and will the courts take notice a 13 year old boys plea to live with his father? What would it take for my nephew to put this before a judge?
1 Answer from Attorneys
Re: 13 year old wants to live with dad
You raise several issues. First, for a true custody fight, $3,500 might only get you started. Second, under Texas law, the mother pretty much has an absolute right to move jurisdiction of the case to a county where the child has lived for more than six months. I would want to check, however, to see if the original decree mandated the child's residence and if it had been appropriately modified to allow the move.
As to the child's "telling" the judge that he wishes to live with the father, the Texas Family Code provides that, "If the child is 10 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court."
The key words, of course, are, "subject to the approval of the court". The judge still has the right to rule "in the best interest of the child". In other words, if the judge thought that the child did not have the ability to wisely choose for himself or that the child was subject to undue parental influence, then the judge could order that the child remain with the mother. That said, at thirteen, a judge is going to take the wishes of the child into serious consideration.
Of course, the above is based on general law. The specifics of the actual circumstances might dramatically change the situation. The father should consult with his attorney or another attorney who can look at ALL of the facts and advise him accordingly.
Bob Leonard, Jr.
512-477-6200
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