Legal Question in Family Law in Texas

Texas Teen

My wife and her X have joint legal custody of their 16 yr old son. He lives in TX with his father who has the right to decide residence. The son wants to come live with us in Oklahoma. The father is mad and abusive about the matter but says the move is ok with him just to get the son ''out of his hair''. The problem: the father refuses to sign any papers stating that the move is ok with him and just thinks that my wife can come and pick up the son. We have been in and out of court many times fighting over everything and have been ordered to settle things out of court from now on. If my wife just went to get her son and take him across state lines could she be accused of kidnapping? We have been told of a letter that the son can send to the court to ask for the change in residence - is this true? We can't seem to find any details on the letter: what the contents need to be, where to send it, how long does it take, can the son move before things are finalized... Can you help us please? Time is of the essence!


Asked on 1/23/01, 1:36 pm

2 Answers from Attorneys
Jimmy L. Verner Jr. Verner & Brumley, P.C.

Re: Texas Teen

What you need to do is file a motion to modify the existing court orders to appoint your wife the parent with primary possession and the right to select domicile. The boy can sign a document stating that he wishes to live with his mother and file that document with the Court. At his age, normally the courts will go along with what he wants to do. One possible glitch: I'm assuming your wife is paying child support. If she obtains primary possession of the child, the Court may want to require the father to pay child support even if you decide not to pursue it.

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Answered on 2/21/01, 1:39 am
James Grissom Law Office of James P. Grissom

Re: Texas Teen

Since you've been in court many times to argue about other matters, your lawyer should be able to assist you easily in this matter. All that is necessary is an Order Approving Change of Custody. Things might get sticky if the mother wants child support. If the Court doesn't want to see you anymore, these issues could be easily and economically mediated.

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Answered on 2/15/01, 9:30 am


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