Legal Question in Family Law in Texas
my daughter will be 17 this friday. her dad has legal custody of her. she has come to live with me because she is pregnant and she says her dad is mentally abusive. because of her age, can she live where she wants to or does she have to go to court and possibly get emancipated?
1 Answer from Attorneys
It is extremely rare for a court to tell a 17 year old where she must live. This would be especially true if she were pregnant. YOU must file a modification with the court to change the primary custody of the child. No change will be effective until the court orders it. Child support, if it is changed, will only go back to the time that you served him with the modification so it is important to do it quickly. It is not necessary (although it is possible) for her to be emancipated.