Legal Question in Family Law in Texas

A Childs choice of Where He lives

Me and my wife gained cusody of my son in December 2002. Mainly because he was out of control and CPS was going to take him away. He was failing school and missing alot of days. Being violent towards his mother and teachers. So we went to get him from his Mother, she agreed for him to come live in Texas with me and signed a legal document drawn up by a attorney and notorized giving us more or less all rights.

Well since he has been here his behavior has changed and he has always been all the ''A B'' honor roll. and hardly misses any days at all.

He talks to her on the phone but really does not want to cause how he feels about her.

His Mom thinks that we are telling him bad things to him about her and that is why. That is not true.

She is now saying that if he does not call every weekend that she is going to take him away.

Would she be able to do it, even if he does not want to go back and he is happy here and with the difference and better behavior here with me than with her?

He is 12.

Also, I am not the biological Father,but even after I found out that he was not my child I have always spent time with him and have been a father to him.

I have a paper saying that she acklowledges that and if she cant care for him then I ca


Asked on 9/18/05, 8:12 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: A Childs choice of Where He lives

Since you are not the biological father, you have no parental rights. However, custody of your "son" could be determined in his best interest to be with you and your wife. Your son could initiate such an action - a Suit Affecting the Parent Child Relationship. His testimony would be relevant to the decision of the court, but you should be prepared to offer additional proof, e.g. success in school, psychological evaluation, negative effects of mother's custody etc. This could possibly be an expensive process.

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Answered on 9/18/05, 10:24 pm


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