Legal Question in Family Law in Texas

Getting custody of a 10 yr old child

I have a 10 yr old son that is curremtly living with his mother. He is unhappy at her house and her new husband.His mother is always sending him to me when its convenient for her, which i dont mind, but the problem is that I'm tired of playing her games.For instance,her and her husband split up and she sends my son to me,then when they get back together she wants him back.She's been in abusive relationships with my son being present on some of the abuse. Is there anything that i might be able to do in getting custody of my son? Any thing that might help me.


Asked on 7/17/01, 6:07 pm

3 Answers from Attorneys

David Sergi Sergi and Associates PLLC

Re: Getting custody of a 10 yr old child

A child can make a choice after he turns 10. However some judges dont like a 10 year old to make such a choice. I would have a counselor evaluate the child and then see if the couselor can advise what is best for you. If you are in the Austin/ San Antonio area please let us help you.

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Answered on 7/18/01, 8:15 pm
James Grissom Law Office of James P. Grissom

Re: Getting custody of a 10 yr old child

TX Family Code permits a 10 year old to choose his managing conservator. You will need to return to the court which has jurisdiction over the child (probably where you got your divorce) and pursue a Motion to Modify.

Any competent attorney should be able to do this for you for a reasonable fee. If you are in my area, call me at 1-888-243-0560

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Answered on 7/18/01, 2:46 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: Getting custody of a 10 yr old child

The answers you received are correct but the law will be changing in Sept. The age for children to select where they live will go from 10 to 12. I suggest contacting an attorney in your area.

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Answered on 7/19/01, 7:09 pm


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