Legal Question in Family Law in Texas
Don't know what to do
Can't really call him a runaway. Texas law puts him more in the category of ''conduct indicating a need for supervision''. I am trying to protect myself. I am custodial parent he with out my permision has gone to live with his non-custodial parent. Still in school not delinquent. I need to know what this means
''� 31.001. REQUIREMENTS. (a) A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
(2) 17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian; ''
From Texas Family Code - Section 31.001. If the child is 17 can they petition for it no matter what and if 16 they have to meet the other criteria? This non-custodial parent has not paid me any child support for 10 years and is in arrears. No help from the DA except saying we can through her in jail and that doesn't get you anything. Now I am sure she will ask for support from me? We have joint and he can stay any time we mutually agree. I think it falls into that. He doesn't want to live with me any more due to restrictions and requirements. I and his stepmother are too strict so he says. Should I just wait and see? Thanks.
1 Answer from Attorneys
Re: Don't know what to do
I understand that this is a confusing and bad time for you, but I really don't understand your question.
If he is 17, then he can petition the court for emancipation, and he is on his own completely, and child support obligations end (as provided in most decrees).
If you have mutual agreement visitation, then there is little, if anything, you can do to enforce residency.
You can file to modify the arrangements, but at his age, it would probably not serve any practical purpose.
If she asks for support, then you do as well. In fact, why haven't you filed for past support?
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