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16yo son wants to live with mom


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#1 msjtexas

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Posted 18 February 2012 - 06:28 AM

My son is 16 years old he has lived with his father since he was 3 although we are legally married we have been separated for years there has not been a custody agreement other then the fact he was born out of wedlock and the State of Texas says I am legal guardian. My son wants to come and live with me his father is becoming violent (he drinks) can my son just up and move in with me without having the police involved the state of Texas a child is legal age at 17 he has 10 months to go but says he can no longer stay there what can I do to keep this a peaceful manner?

#2 Ted_from_Texas

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Posted 18 February 2012 - 09:08 AM

Since you are married to your son's father and there is no divorce action pending or court order for custody, both you and your husband have equal rights to possess the child.  You can pick him up and take him home with you any time you want.  If your husband calls the cops, well, you'll just have to deal with that.  However, for what it's worth, this is just the sort of situation the cops don't like to get tangled up in, and they'll likely just tell him to get a lawyer and file for divorce.  On the off chance that they show up on your doorstep, simply ask them (or the father) to produce a custody order.





"... [in] the state of Texas a child is legal age at 17 ..."


Don't know what you mean by "legal" here.  Children are able to legally do different things at different ages.  The age at which a child can choose to move out of his or her parent's home without the parent's consent is 18 in Texas, but since you are his parent and he'll be living with you, and there is no court order to the contrary, that rule doesn't apply here.  (By the way, it's a myth that a child can legally move out at 17 without parental consent, probably engendered by the police's reluctance to get involved as mentioned above.)





"... what can I do to keep this a peaceful manner?"


Whether you can accomplish this transition peacefully or not rermains to be seen.  You know your son's dad better than we do.  All we can do is tell you what the law does or doesn't allow.






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