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My 13 year old boy does not want to go back with his mother at the beginning of the school year but
she has custody of him mostly due to me being too young to understand the law at the time. I'm in Texas
I have decided to take her to court. I was looking on the internet on age of consent when a child can decide which parent he wants to stay with. One more thing if I lose in court do I have to pay her lawyer court fees? I heard that I do. This is brutal my son just told me crying that he does not want to back to her it's heartbreaking. Please help.
My 13 year old boy does not want to go back with his mother at the beginning of the school year but
she has custody of him mostly due to me being too young to understand the law at the time. I'm in Texas
I have decided to take her to court. I was looking on the internet on age of consent when a child can decide which parent he wants to stay with. One more thing if I lose in court do I have to pay her lawyer court fees? I heard that I do. This is brutal my son just told me crying that he does not want to back to her it's heartbreaking. Please help.
You might depending on what the judge orders but i don't think it's normal.They will take his wishes into consideration of course. Does she live in a separate state?
Go to Family Law and Divorce. There are legal experts on the forum to help.
Every state is different. The judge can take it into consideration in some states but in others there has to be a substanial change since the last order.
Losing in court doesn't have much to do with paying the others attorney's fees unless it is countless frivolous court filings. It has mostly to do with income needs. I'm not a legal expert but going through it myself that is what I've been told and witnessed.
Also depending on your county's court calender it may take a few months to get a court date. Sinc school will be starting up again, the judge may not like pulling your son out of school during the school year unless it's necessary. Given that, try to work it out with your son's mother. I know that's easier said than done but it can save you many sleepless nights, money, time and anger.
Go to the site I posted. There are some attorneys there with great advice.
In Texas it is age 14 I'm pretty sure. Has he said why he doesn't want to go back? Is it an abusive home? Or could there be problems at school for him? In which case maybe you could talk with your ex about the situation and see if she would agree to have him live with you.
The legal answer is found in Section 153.008 of the Texas Family Code which provides that at the age of 10 a child may, by writing filed with the court, indicate a parental preference or choice of managing conservator in Suits Affecting Parent-Child Relationships. The 10 year old age requirement is the result of a 1999 amendment to Section 153.008 reducing the age from 12 to 10. Prior to recodification of the family code, under Section 14.07 (a) the legislature felt the appropriate age was 14 years. If the affidavit is not conclusive, the parent must still prove that the choice is in the best interest of the child.
Thanks Malamute this answers a lot of my questions and to the rest of you. I will go see a lawyer this week. He doesn't want to stay with her because many times she lives him unsupervised, doesn't help him with his homework, leaves him at her moms and he tells me his grandma treats him horribly but mostly my ex has failed to give him the care he needs but again all she cares about is the child support one whole year he stayed with me when she was struggling real bad and I didn't ask for a penny from her. thanks again
Thanks Malamute this answers a lot of my questions and to the rest of you. I will go see a lawyer this week. He doesn't want to stay with her because many times she lives him unsupervised, doesn't help him with his homework, leaves him at her moms and he tells me his grandma treats him horribly but mostly my ex has failed to give him the care he needs but again all she cares about is the child support one whole year he stayed with me when she was struggling real bad and I didn't ask for a penny from her. thanks again
^^^ Aww.. I sure hope everything works out for your son.
Best wishes & God bless!!
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