Legal Question in Family Law in Texas

im 17 and have a 1 year old son, my baby fathers mom wants me to move in with her so she can help me take care of my son while i go to college, can i move out of my parents house without their permission?


Asked on 8/21/12, 2:35 pm

2 Answers from Attorneys

Thomas Daley KoonsFuller PC

No you can't.

Another problem: I am working on a case right now where a mother did that and six months later, the baby daddy's mother filed for custody to take the child away from the mom. Don't do this.

Get some child support orders put in place that name you as the primary conservator of your child. And live at home with your parents until you can strike out on your own.

Good luck!!

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Answered on 8/21/12, 6:21 pm
TC Langford Langford Law Office

The risk is in losing conservatorship rights to your child. Although under civil law you are still a minor, once you turned 17, could not be termed a runaway. As long as your whereabouts are known, you are also not a missing person. If there are no other court orders that affect your residence (juvenile court, truancy, parent's divorce or SAPCR etc.) then you can leave home without their permission.

As Mr. Daley states, however, sometimes people can be sneaky. Sometimes they want to be helpful at first, but then later on become controlling. Sometimes they are just tricky and sneaky. Think very long and hard about this decision, as your problems with escalate ten-fold if the grandmother decides to seek custody for herself or her son. If you have no income of your own, talk with someone from the Office of the Attorney General to see if they will open a case, and get the appropriate orders in place BEFORE you make this major decision.

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Answered on 8/22/12, 11:47 am


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