Legal Question in Family Law in Texas

The answer to your question depends on several factors, some of which are your son's age, whether your son is a tenant or guest of your home, whether there is a custody order regarding your son, whether you are a sole managing conservator or joint managing conservator of your son, and whether your son has somewhere else to live that would be in his best interest.

If your son is over the age of 18, then your husband will likely be able to "evict" him. If your son signed a lease agreement to live in your house, then you should abide by the terms of the agreement, including any provisions regarding eviction. If there is no lease agreement and your son paid rent, then your husband would have to give your son a 30-day notice to vacate the premises. If there is no lease agreement and your son paid no rent, then your son would likely be considered a guest, which means he could be asked to vacate the premises if he has overstayed his welcome.

If your son is under the age of 18, then whether you can remove him from your home depends on whether there is a court order that establishes custody of your son between you and his biological father or some other person. For purposes of this answer, I will only refer to you and the biological father. If the custody order states that you and the biological father are joint managing conservators, then you should discuss with the biological father the option of having your son live with him instead of you. If there is a court order that states that you are the sole managing conservator, then you will not likely be able to forcibly remove your son from your home because you are under a court order, as well as a statutory legal obligation, to provide for your son until he is legally separated from you.

Under Texas law, the parent-child relationship lasts until (1) the child is 18, (2) the parent or child dies, (3) the child gets married, (4) the child successfully petitions for the removal of the disability of minority, or (5) the relationship is legally terminated. Until one of these events occurs, a parent has a duty of care, control, protection, and reasonable discipline.

Additionally, a parent has a duty to support a child until (1) the child's minority ends, (2) the parent-child relationship is legally terminated, (3) the child begins active service in the armed forces, (4) the child dies, or (5) the child marries.

If a parent fails to provide support for a child, then the parent is liable to any person who provides necessaries for the child. A parent who fails to provide support may be prosecuted for criminal nonsupport. A conviction for criminal nonsupport is a state-jail felony.

If your son's father is involved in your son's life, then you should consider going to court to modify the custody order to make the biological father the sole or joint managing conservator of your son � assuming that he is willing and able to take on this responsibility. If the biological father is unavailable or unwilling to accept such responsibility for your son, then you should go to court to seek an order conveying these legal rights and responsibilities to someone else that the court determines will be in the best interest of your son.