Legal Question in Family Law in Texas

Can a child of 16 years of age decide which parent they'd prefer to live with, without going to court, if they choose the parent that doesn't have custody, but the one who has legal visitation and typical weekend/Wed. visits? This is brought on by abuse in the custodial parent's home. Can the other parent keep the child safe with them without worrying about legal consequences? In dealing with this particular custodial parent, it is very difficult, if not impossible to convince people outside of the situation of the truth. This person is a pathological liar and has escaped CPS investigation and police incidents on numerous occasions. At wits end. Please help.


Asked on 9/21/09, 11:22 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The only way to change a court order is with another court order.

If the child stays with the "other" parent (the "visitation" parent), the custodial parent can file an application for a writ of habeas corpus, and possibly a motion for contempt.

Have you filed a motion for modification, and asked for temporary orders to change custody IMMEDIATELY? Remember that a 16-year-old can get up on the witness stand and testify about how she's treated at home.

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Answered on 9/29/09, 6:55 pm


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