Legal Question in Family Law in Texas

My son's father who was also his custodial parent died. My son is 15 and has not lived with me since he was 4 years old. The night his father died he came to live with me. He now decides that he does not want to live with me or abide by rules or go to school. He has runaway to stay with his 22 year old half brother where he can gain freedom from all authority. They are not encouraging him to come home. I am trying to be reasonable where my son is concerned. What are my alternatives when acting on behalf of my son.


Asked on 7/13/10, 8:45 pm

2 Answers from Attorneys

TC Langford Langford Law Office

You need to make some hard decisions about your son's future. Consult with an attorney to explore all of the available options, and the consequences of each. As his sole parent, you need a modification of the current court order, which either names you as the sole conservator; the primary conservator with possession rights to dad's family; or someone in dad's family as the primary, with you retaining possession rights.

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Answered on 7/14/10, 6:25 am
Fran Brochstein Attorney & Mediator

Your son just lost the parent he lived with for the last 11 years. He may be acting out due to his grief.

If he is just been raised with no rules, it might be too late to get custody and try to try to get "control" of him.

I agree wtih Theresa Langford. You probably want to go to court and get primary custody. As his last living parent, you have the legal right to custody. Anyone else would have to prove you an unfit parent to get custody.

You definatley need to consider counseling for this child and for your family.

Good luck!

If he is totally out of control and you can afford it there are some excellent schools in places like ranch or rural settings, they used to be called boarding schoold -- but I think that is an out of date term, for kids that need extra assistance during their teen years.

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Answered on 7/14/10, 8:26 am


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