My Mom and dad are in a custody battle of me and in the state of Texas a child over 12 has the right too choose and i have made my Decision to stay with my Father. Please help me.
Section 153.009 of the Texas Family Code says that if either parent files a motion requesting it, the judge must interview you in chambers for the purpose of determining you preference BUT that is not binding on the court and the judge can decide to do something different than what you ask.
If you are 12 years old exactly, the judge is not likely to put much weight in what you say. If you are 17 1/2, you'll probably get your way.
When you interview in chambers, it is important that you tell the judge that both parents have their strengths and both have their weaknesses and that you love both of them and know that they both love you. That will convince the judge that there is no parental alienation going on.
Once you've covered that, just explain how you and your father have a more constructive relationship. If it's true, tell the judge about differences in your social life, academic life, religious life, etc. and why it's just easier on you to focus on school when you're living with your dad.
Be truthful with the judge. Lawyers and judges get very, very good at figuring out who is telling the truth and who is not. We probe deeper and deeper on the issues until the witness either breaks down or we're satisfied we're hearing the truth. Lies get past us, but not as many as you'd think. Don't bash your mom, just truthfully explain why life with dad is easier for you.See question
Our attorney we have tried to contact since my fiancé has been in custody and besides the one time he has came to visit my fiancé, it is damn near impossible to reach this man. I had to call him 6 times Thursday at different hours of the day for h...
Hard to give you much information without knowing what your fiance is being held for. Sometimes attorneys are doing a good job but failing to communicate as well as they should. Clients do have a right to get their questions answered, although you are not the client.See question
I am 17 (turning 18 in February) have been in and out of trouble with my parents so I'm not allowed to have devices. My dad said that when I pay the bill then I'll have a say but till then it's up to him and my mom. So I went and got a phone with ...
I certainly understand your frustration. It seems like a Class B Misdemeanor to me, based on the facts you've provided. But there are problems with treating it as a crime.
You'd have to report it to the police to get started. The police would probably not investigate the crime because they'd view it as a parental prerogative. By analogy, if a stranger walks up and hits you with a belt to the point of leaving a red mark, it's a crime. If a parent does it, it's reasonable discipline. You don't have to agree with that policy, but it is a fact of life in our state.
If the police did investigate your parents for theft, is it likely that life in the house would get better or worse? Let's say you don't care so you push ahead. Once the police determine that a crime has been committed, they have to forward it to the local District Attorney's office. The DA then decides if the alleged crime is worth the prosecutorial resources it would take to pursue it. Assuming the DA decides to pursue it, they have to get a grand jury (of adults and parents) to vote that indeed this is a crime and should be sent to the judge. Then it will go to trial and a judge or a jury (all adults, mostly parents) will decide whether to find your parents guilty of a crime. And even if your parents are found guilty of a crime, it's then up to the judge to assess punishment of up to $2,000 fine or 180 days in jail. Up to. If the case got that far, the most likely outcome is that the judge sentences your parent(s) to a few days in jail, probated so that the parent never spends a minute in jail.
If the likelihood of proceeding from one phase of this process to the next is 50% at each level (I think it's 10%, but let's go with 50%), you have this:
50% chance the police will investigate
50% chance the police will determine there is probable cause that a crime was committed
50% chance the DA will accept the case
50% chance the grand jury will vote to indict
50% chance the judge/jury will find your parents guilty
50% chance the judge will impose meaningful punishment
That means that you have about a 1.5% chance of anything bad happening to your parents versus a 100% chance of a real poop-storm descending on you.
I would never counsel a client to pursue something that would take over a year to do and that has only a 1.5% chance of success (maybe only a .0001% chance) and a 100% chance of severe grief.
Once you turn 18, the math changes, maybe to a 26% chance of success (80% at each level).
With these odds, maybe consider some family counseling. Someone at church or an aunt/uncle/grandparent that everyone trusts. I think you have more of a family problem than a legal problem.
I hope you and your parents are able to work this out peacefully.See question
I have two boys and they are 16 and 15 and there father owe 34,000 in back pay and nothing haves been done about it i have ask to be taking back to court , nothing he haves been playing the system since day one he work but gets paid in cash due to...
Contact the Office of the Attorney General - Child Support Division and ask them to file an enforcement case. If they can serve him, they will get him in front of a judge who will **EVENTUALLY** put him in jail if he doesn't start paying.See question
my sis in law has temp placement of my children and I want to get them back! what r my options on who to contact to reopen my cps case for can I file a new one?
If it's a temporary placement, did they give you a service plan to work? If so, have you completed all your services? Normally the case is not closed until you have worked your services OR they have given up on you and had a permanency hearing. If you can't afford an attorney, the next best thing to do is set up a face-to-face meeting with your CPS case worker.See question
I'd like to know if a DNA could be done now. My daughter is 36yrs old..there was never no child support granted. However, blood test stated he was not the father..but no DNA. What can I do about this circumstance..can he be re-tested by dna? Th...
I am not a medical expert, but I think that a blood-test elimination would not be reversed based on DNA. I think that blood-test inclusion could be reversed.
Either way, what's the point? You can't get child support at this late date.
At this point, I think it's up to her to try to establish paternity, if she wants to.See question
I filed for divorce 18 months ago and it became dismissed. During this time my spouse has made no contact with we or our son (we live 15 minutes apart from each other). Last month he calls and tells me he wants to help with child support. We go to...
Don't try to get fancy. You already have custody of your son. Just file no-fault "insupportability" because then you don't have to prove very much in court to get your divorce granted.
Your grounds for divorce don't have anything to do with rights to your son. When you file for divorce, you will get a new case #. After you get that case number, file a motion to consolidate the child support case with the divorce case.See question
Got married in Vegas , marriage license and yes it was a mistake The guy lives in canada it happened over 12 years ago i have never spoke to the man again. I am planning to marry next year..what do i need to do help..
File for divorce or annulment. Doesn't really matter which. If you know where he is, have the district clerk send him citation via registered mail. (Make sure the clerk notices the Canadian address so they can go ahead and deal with that issue.) If you don't know where he is, try TRCP 109 service, which will effectively get you divorced without formal notice to him.See question
I have not spoken to or heard from my ex husband in years. I have 3 children with him the only child who even speaks to him is my 17 year old daughter. I noticed some suspicious behavior from my daughter including a suitcase being packed. I loo...
From a legal perspective: Law enforcement is not going to help you. You could stop her from going if he has not followed the notice provisions and you are absolutely positive that you would not be violating the possession order in a way that exposes you to enforcement action and jail time.
From a practical perspective: Why would you stop her visit? I can't imagine the misery that will descend on your household if you get in the way of this visit. Now maybe he's a dangerous person and you have good reasons for wanting to prevent the visit. Just think carefully about it.See question
X is trying to modify temporary orders saying I need to have supervised visitation.
I don't know. If they tried to serve you and couldn't, the judge may have signed an order permitting the notice to be served on anyone over the age of 16. Either way, I wouldn't play with this. Show up and fight the modification. If you know the basis for your ex's request for supervised visits, bring evidence to refute it.See question