Legal Question in Family Law in Texas

Re: Agreeable change of custody of 16 year old

Your son could make the change without filing anything at the courthouse for a few months to make sure that he is really sure and does not change his mind.

Then you need to do a motion to modify. If everyone agrees, it can be done fairly quickly.

I hope this helps!

If you live in the Houston area, please call me at 713-847-6000 for a quote.

Good luck!

Fran Brochstein

www.familylaw4u.com

Re: Agreeable change of custody of 16 year old

The other attorneys are correct. I would add that your child will be asked to sign a choice of managing conservator. If everyone signs the agreed order to modify, in my part of Texas, they won't even have to come to court. The attorney can take the fully signed order in and get the judge to sign it. If you live in the San Antonio area, call me for a quote.

Re: Agreeable change of custody of 16 year old

Of course, the two of you can make this change informally, but I am guessing that your husband is currently under an order to pay child support and that there are orders concerning conservatorship in place at this time. Things may be amicable between the two of you right now, but if you do this informally, basically you both will be in violation of court orders. To protect both your interests it would be best,to file a petition for modification with the court of continuing jurisdiction and then have your attorneys draft agreed orders of modification which will then be submitted to the court.

One issue that you and your ex will have to resolve is how the two of you will handle child support - will you pay him support for your son and he will pay you a reduced amount for the children remaining with you? Many times, in such cases, attorneys draft mirror support orders in which each party is ordered to pay the same amount to the other - basically cancelling each other out. The reason attorneys do this is because the right to child support is not something a parent can waive, basically because it is not the parent's right, but the child's right to receive it.

I wish you the best of luck.

Sincerely,

Stephanie T. Shipp

Attorney at Law