Legal Question in Family Law in Texas
I will be going to Kentucky in November to get custody papers changed to bring my son down here for the summer or 2012. By then he will be 13 years old. If he decides he wants to live down here in East Texas with me do I have to take him back to Kentucky at the end of the summer or do I fie with the courts down here to keep him with me and get him enrolled in school?
1 Answer from Attorneys
First, where is the original order, Texas or Kentucky? You will need to ask the original state to modify the order. If you don't you risk being arrested for not complying.
To modify a Texas order, you must prove that there has been a material and substantial change in circumstances, that the facts support the change, and that the change is in the best interest of the child. You have the right to have the child talk to the judge, but the judge does not have to do what the child wants. Of course, if the original order is Kentucky, their law might be different.
You should get an attorney in whichever jurisdiction the current order is.
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