Legal Question in Family Law in Texas
rights to a 17 year old minor
I have lived with boyfriend for aprox. 14 years. Due to problems, I am leaving him and his 17 year old son wants to move with me and my 2 children. His mother lives in Mich. is disabled,has joint custody. She wants him to live with me as well. Father says no way!! What are our rights? Father is verbally abusive, history of alcahol and drug abuse! But is clean now. Receives S.S check for son due to disabled mother.
1 Answer from Attorneys
Re: rights to a 17 year old minor
Parental rights are presumeed to be greater than the rights of non-parents. That being said, I have done exactly what you are asking. Because of the presumption, it would be a tough fight, but it is possible to win.
The question that you should be asking is "Why"? The child is 17 and will be an adult (and not subject to his father's control) in less than a year. What is his birthday? Few courts will force a child to live with someone that they don't want to at that age. If you were the mother, you would have a great case.
The problem is that, as a non-parent, you don't want to be subject to civil or criminal penalties for interferance with child possession. If you move close by particularly, the dad could make it hard on you and the boy. You need to consult an attorney and lay out all of the facts.
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