Legal Question in Family Law in Texas

My wife and I have been married for 2 years. Her Ex Husban has custody of her 13 and 14 year old daughters. What age can the kids decide to live with her mother and what legalities can be taken against the mom if she refuses to send the kids back to the dad once they come visit for the sumer?


Asked on 9/26/09, 12:46 pm

1 Answer from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

The law was amended last spring and became effective 9-1-09, so now there is no provision for a child making a written choice as to preferred conservatorship. Now the stautes only provide that the judge can consider the child's preference in a meeting between the child and the judge in chambers. The age to decide had been 12. If your wife were to wrongly withhold returning the children at the end of a visitation period, the Court would probably assess attorney's fees and costs against her and compel the return of the children to her ex. That is absolutely the wrong course action in the eyes of most Courts. Our laws provide for orderly procedures and processes to bring issues before the Court for a decision. When a person does not avail themself to those Court procedures, but instead, takes it upon themselves to decide what is best or proper, and to take action themselves contrary to an existing and valid Court order, it usually does not go well for that person. I am available to visit with your wife and assist her in bringing this matter to the Court's attention in the proper manner. If she is interested in visiting more, please have her contact me directly.

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Answered on 10/01/09, 2:49 pm


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