Legal Question in Family Law in Texas

I have legal custody of two children . One child has decided to live with the other parent , just two days ago . The other child has not decided as of yet . (school starts here real soon) Once school starts, moving is out of the question for the child that is still here with me . The child would need to finish out the school year where they started .

Question is... if both children move to the other parent . Wouldn't the custody issue need to be changed , before c/s could start ? And what if I am a stay at home Mom , with two children to still take care of from my current marriage ? How is c/s established in this case ?


Asked on 8/05/09, 11:11 am

1 Answer from Attorneys
TC Langford Langford Law Office

First of all, children do not decide where they live, the parents and the courts make that decision. Once a child turns 18 and is an adult, then they can choose where to live. A 12 year old can tell the court what they prefer, and it is one of many factors.

If conservatorship is going to change, it needs to happen through the court, even if it is agreed. It will prevent MANY disagreements down the road.

Child support is based upon income, and normally if one parent is unemployed, the court will make the finding on the basis of minimum wage.

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Answered on 8/06/09, 4:04 pm


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