Legal Question in Family Law in Texas

I Am A Seventeen Year Old Who Is Living With My Dad. He Has Sole Custody Of Me. He Recently Got Married And Because Of Past Jobs, He Has Quit Working And Is Trying For Disability Due To His Severe Pain. Since Money Isn't Good For Us.. I'm On Medicaid. The Government Is Wanting My Mom And New Step Dad To Have To Pay Child Support. My Dad Agreed With The Court When My Parents Got Divorced Years Ago That If He Got Custody, She Would Not Pay Child Support. They Recently Sent My Money Hungry Mother A Letter For A Court Date To See About Her Paying Child Support. She's Really Mad About It And Is Going To Find A Lawyer To Sue For Custody Of Me So She Won't Have To Pay. She Has Some Stuff Against My Dad Like Delaying My Home School Work, Not Paying Attention To Me And My Wants, And Not Taking Me To Some Doctors/Dentists Appointments. I've Not Ever Been Happy Living With Her And Her Husband For Multiple Reasons, But Mainly For My Health. I Was Just Wondering Since I AM Seventeen And I Want To Stay Living With My Dad Because I Think It's What's Best For Me, Should I Be Worried? Can She Really Get Custody Over Me Even If I Signed An Affidavit Saying I Wanted To Live With My Dad Years Ago? I Don't Want Her To Pay Child Support At All, But I Really Don't Want To Fight Over Who Gets Custody Of Me Again. Please Provide Me With Legal Information Over This.. I'm Really Desperate. Thank You.


Asked on 3/20/12, 10:53 pm

1 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Obviously, I can't tell you for sure what a judge is going to decide here. But I can tell you that MOST judges would be very hesitant to change custody of a 17 year old against his or her will, unless something really is going on with the custodial parent that seems harmful to the 17 year old. At least if this is done right, you will have the opportunity to talk to the judge yourself and explain your position. It's also pretty obvious when it was that this sudden interest in getting custody of you arose, and doing that after she got asked to pay child support is not real likely to impress the judge. Also, whatever agreement there may have been, she has a statutory duty to support you, and it's unlikely the judge would just let her out of it altogether. Good luck.

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Answered on 3/21/12, 6:26 am


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