Legal Question in Family Law in Texas

My 15 yr old got upset because he did not wat to do chores around the house. He left to his dads house and now his dad is tell my that he is going to court for custody. My sons dad has never been there for my son in the last 13 years. The only reason he want to have custady of my son is so that he wont have to pay child support. What are the chances that he will be able to take my son from me? My son has a stable home with me, everything that he needs plus more. And I know for a fact that he would not be able to prove that I am unfit.


Asked on 7/23/12, 7:04 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

"Unfit" is not a legal term. It doesn't represent any legal standard in Texas.

A change of custody is based on what's in the child's best interest.

Unless there's some great disparity in the parents' parenting abilities (factors such as drugs, alcohol, criminal convictions, sexual perversion), some judges will let a 15-year-old live with the parent he wants to live with. They believe that to do otherwise would turn a good kid into a runaway.

By the way, if Dad gets custody, he can ask the Judge to order YOU to pay child support to HIM.

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Answered on 7/24/12, 5:27 am


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