Legal Question in Family Law in Texas
Hello my name is Kevin Castillo. I'm 18 years old, I work and I live by myself. I also have a girlfriend her name is Nicole we've been together for almost 3 years. She's turning 17 next month. Now due to life situations she got pregnant now she's 2 moths and ever since we told her parents they don't support her whatsoever� they've tried everything they can to make her life miserable like if it was only her responsability� they've done all the can so she can't see me or talk to me. They don't let her out of the house or room, even to the point where they wanted her to do an abortion because what they're thinking is that they're going to have to deal with our kid they believe they're going to have to feed him cloth him and raise him such thing I WILL NOT let it happen because as long as I'm alive I compromise myself to provide the best for my family and give them a good future. Now in the other hand my family they've been really supportive� knowing I've made a mistake but they also want to help me fix what I did. Me� and my girlfriend we both reside in Houston TX and my family in Richmond Va. My mother wants me to take my girlfriend with me and go live with them because she says in the situation that my girlfriend is right now is very delicate because she needs to do more activities and be sorrounde by good people in a positive environment and� so that way she says, she can help her when the baby is born and so my girl can finish her school and carrier and so I can work to make sure they have everything they need. But since she's a minor if I do it would be considered kidnapping. I believe. That's when my mom tells me WHAT IF YOU MARRY HER? Now I know in the state of TEXAS she has to be 18 to marry me without her parents� permission. and here is where my question comes in .. Can I still marry her by asking a court order since she's pregnant so she can marry me ?? And if I can do that how can I do it??
1 Answer from Attorneys
If her mother and father are married, then that should mean that there are no court orders regarding where she has to live. (In a divorce, we always have orders saying where the children have to live until they turn 18.) If there is no court order, then under the Juvenile Justice Code, she is an adult at the age of 17 and law enforcement is NOT permitted to force her to return to her parents AS LONG AS her parents know where she is.
So, if there is no court order and she tells them, "I'm going to live with Kevin at 123 Main Street, Houston, TX", the police cannot force her to go back and there is no kidnapping.
SHE can ask the court for permission to marry under section 2.103 of the Texas Family Code. The suit has to be filed in the county where her parents live. It would be smart to hire an attorney to push this through if that's the route you want to go. Marriage solves a lot of problems (and can create some), so if you have the ability to file a suit for permission to marry, it is probably worth it.
You would need a VA attorney to tell you what the results would be if you took her to live in VA without marrying her first in TX. I don't know the answer to that question.
Congratulations on your baby. I know it wasn't planned and I can promise you, babies NEVER come at the right time. But if you will let yourself be loved by the baby, a child will bring joy into your life that you never expected. Until the child turns 13. Then all this will have seemed like a big mistake. LO!! Good luck!!
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