Legal Question in Family Law in Texas

rights of a grandomother vs. mother of child in question

my 14 yr son has been staying with my mother, for school purpose: using my mom;s address, for his middle school year. i had been living at home as well until i married in 2001. to keep my son with the same school, he continued to stay with my mom, again for school purposes. he is now entering high school and now it's time for him to live at our current home(husband and sister and myself). My mom is now taking me to court to seek full custody of my son. my son wants to stay to continue going to the school district. what are my rights? does he decide where he wants to stay? i obviously want him living with us. my mom has stated that he has the right to choose where he wants to live. if igive up my rights would i have to pay support. i also have a 15yr daughter that was also staying for school purpose until her freshman yr at high school. why she's not or didn;t fight for her is beyond me. or if i do give up rights, why would support be needed when i have one to support on this end. financially my parents cannot support my son therefore i believe that's why she is taking me to court...if he is no longer there...the help i give is gone aas well. what can i do. the father is out of the pic, but pay child support to both.


Asked on 7/08/08, 11:36 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: rights of a grandomother vs. mother of child in question

Since the child has resided with grandmother for 7 years, without you in the house, she could establish her standing to seek conservatorship. At 14, he can express his preference to the court, but it is not binding on the court. You would not necessarily be giving up your rights as his parent, but possibly as the managing conservator with the right to designate the residence. In all likelihood, you and the dad would jointly be responsible for child support. You may be able to mediate a resolution to the problem, talk with an attorney.

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Answered on 7/08/08, 1:03 pm


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