Legal Question in Family Law in Texas
custody changes
The courts have me down as the primary custodian of my 14 year old daughter and she also resides with me in the court papers. I am the mother. If she wants to live with her father, does it have to go through the courts to be changed? My ex-husband will not bring her home and says he is setting her up for school in his city. help!!
1 Answer from Attorneys
Re: custody changes
The short answer is yes, your ex would need to file a motion to modify the existing court order to change custody. Assuming you have lawful primary custody, if he simply makes a unilateral decision to keep your daughter, then he could be found in contempt. You would need to retain an attorney to bring an enforcement/contempt action.
On the other hand, given your daughter's age, if your ex brings a motion to modify custody, and your daughter wants to live with him, he would most likely be successful unless the court found some compelling reason to reject her choice of primary custodians. Ultimately, it is up to the court, but the court will give an increasing degree of weight, correlating to the child's higher age (for kids over 12), taking into account the maturity of the child, fitness of the parents, and a number of other factors.
Bottom line: You need to discuss the details of this situation with an attorney as soon as possible to determine your options. Good luck!
Marc Pederson
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
