Legal Question in Family Law in Texas

Am I old enough to choose who I want to live with?

I am 15, and I live with my parents. My grandparents who have taken care of me since I was little, live in Missouri which is where I used to live before my mom and step-dad wanted to move. Am I old enough to choose to move back with my grandparents? Please respond! Thank you.


Asked on 4/10/04, 7:07 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Am I old enough to choose who I want to live with?

The answer is -- I don't know.

Each state has it's own laws about custody of minor children. There is no consistence. I am only licensed to practice law in Texas and I don't know Missouri law.

If your grandparents had legal custody of you, then you might be under a court order in Missouri and you would need to consult with a Missouri attorney.

If you have been in Texas less than 6 months and have lived with your mother less than 6 months, then your grandparents might be able to file for custody for you where they live. They would need to talk to an attorney in that state to learn their legal rights in that state.

If you live in Texas and there has never been a legal proceeding, if your mother is willing to let you move in with your grandparents it is a rather simple case to give your grandparents custody.

If your mother does not want to let you move, then you can leave home the day you turn 18.

In Texas, you can specifiy who you want to live with after the age of 12 but it is NOT binding on the Judge.

I hope this information is helpful.

Fran Brochstein

www.familylaw4u.com

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Answered on 4/12/04, 12:55 am


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