Legal Question in Family Law in Texas
Teen Custody
I was divorced in Texas, my 3 sons live in Texas with their father....I have lived in Oklahoma for the past 10 years. My sons ages are 13, 15, & 18. 2 wish to come live with me after their father has had Cancer for the past 5 years and just had a pacemaker implanted. Do I file papers in Texas where the divorce was performed? What if my youngest son wants to stay with his father, would that affect my getting custody of my other 2 sons? Do I have to file papers for the 18 year old at all?
3 Answers from Attorneys
Re: Teen Custody
The case would have to be filed with the court
that has jurisdiction of the kids, if any,
otherwise the court of your divorce. The custody
matter is tricky because of the age of the
children and courts do not like to split families,
but will in some circumstances. e-mail me, I can
help.
Re: Teen Custody
Since Texas is the home state for the children and your husband still lives in TExas, any modification of custody must be filed in Texas in the county where either your divorce was granted or the children currently live.
For the 18 year old, if he is still in high school, you still have to file for him also.
Given the age of the two older children, there is a good chance the courts will allow you to have custody, if they want to go and you have the capactity to care for them, even if the younger child wants to stay and given that courts dont like splitting up kids.
Good Luck and call me if I can be of further assistance.
Re: Teen Custody
You would file in Texas; the 13-year-old wanting to stay could affect your getting custody of the other two, but probably not given that the kids are as old as they are; and your 18-year-old can do as he pleases because he's 18 now, although your child-support obligation may not have ended with respect to him.