Custody Question - Houston,TX

Updated on October 02, 2009
L.S. asks from Houston, TX
4 answers

My fiance has been divorced for years all ready and he has 2 sons. One of his son is 16 years old and the other one is 14 years old. The 14 year old wants to come live with his dad because he is not happy with his mom. He has mention it to his mom all ready and she got upset and got mad at him. So he dropped the conversation with her all and has not mentioned it to her. My fiance has seen how unhappy the 14 year old is and would like to see what he can do about getting custody of the 14 year old. He does not have alot of money to hire an attorney. Does anybody know what he can do about this? or does anybody know an attorney that does not charge to much?

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L.H.

answers from Houston on

Hi L.,
From my personal experience the only way you will be able to get custody if you can prove she is unfit. I do believe him wanting to stay with his dad is important but I don't think that's the sole reason for the mom to lose custody. My husband and I was told in 2002 by our lawyer if we can't prove the mom is unfit we would be wasting our money. Plus my husband daughter didn't want to stay with us because she didn't want to leave her younger siblings she had been taking care of full time. She knew her mom wouldn't take care of them. I hope everything works out for your family.

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C.B.

answers from Houston on

I believe that in Texas, a child, at a certain age (12,) can chose where he wants to live. Check w/a divorce attorney, some have free consultations.

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M.S.

answers from Houston on

You have to get an attorney to modify the divorce decree. The exwife would also have to hire an attorney, just like when they got divorced. I went through this with my daughter when she was 14. If mom doesn't have the money or want to get an attorney maybe she will just agree to what dad's attorney writes up. At 14 the judge will here what the child has to say and unless there is something very wrong at dad's house will order that the child live with dad. A good family law attorney I used is Larry Chamberlin ###-###-####.
M.

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N.S.

answers from Houston on

Instead of hiring an attorney off the bat, the 14yo and his father may want to have a discussion with the mom and explain how he feels and why. It should be an adult type discussion and you should not be a part of it.

I would imagine the mom has some hard feelings about her ex remarrying and that could be part of her resistence.

It wouldn't necessarily be custody - but if it works out I would suggest an attorney be invovled with regards to child support, etc.

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