Legal Question in Family Law in Texas

My 17 year old son has decided that he wants to live with his father. I feel this is a bad idea because the realtionship between the two is relatively new and instable. Father and I divorced in 1996 and have 2 children, 17 year old and 15 year old daughter. My ex has not always fulfilled court order child support obligations (is more than $14,000 in arrears) and rarely exercises visitation. In 15 years since divorce he has seen children: 1)1996 for a couple of hours at Christmas, 2)1999 - 2 separate incidents, 4-6 hours maximum over the 2, 3)2007 - one day for a couple of hours, 4) saw son for 1 week in summer of 2009, 5) saw son for 2 week period in summer of 2010. In January 2011, son went to live with my parents due to conflict between him and I - ex refused to take him stating he "couldn't afford it at the time" when son called. Since son has been with parents he has been to see his father 3 weekends and for 1 week this summer. Daughter who has not seen ex since 2007 accompanied him for 2 days of last visit. Ex has provided exactly $250 over child support obligation during this period to help pay for extra expenses of children.

We lived in same community from 1996-2007 with me living at same location from 1996-2003 and providing ex with notices of change of address as required by law. I notified him of move in 2007 which was 4 hours from him and move in 2009 which was 8 hours from him. No attempt at contact with children has been consistent. Holidays and birthdays have not been acknowledged. Ex has not attempted to check on welfare of children when notified of accidents or illnesses - some of which have required hospitalization and surgery.

Can I fight decision to move?


Asked on 7/09/11, 11:54 am

1 Answer from Attorneys

Thomas Daley KoonsFuller PC

You can fight it, but why would you? The court will place a lot of weight behind a 17 year old's preferences, and you're clearly having problems with the son. Why not see if things work out better with his dad? Agree to a 3 month trial, in writing, and see how it goes.

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Answered on 7/17/11, 2:27 pm


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