Legal Question in Family Law in Texas

I am in Texas. My daughter just moved in with me, and ex and I are in the process of having custody papers re-done to reflect me as primary custodian. Ex did not want this even though daughter had been asking for a year, he resents it, and only relented under legal pressure. 16 year old daughter really doesn't want to see him right now. I am considering just telling her "look...you're sixteen...if you don't want to go see him that's between you and him. I'm not going to force you". So let's say she just doesn't get in her car and drive over there at the appointed time. It wouldn't surprise me if he showed up at the door with police in tow and the still-current papers showing him as primary. My question is, what are the police likely to do if a sixteen year old girl in Texas just says "I don't care what the papers say, I don't WANT to see him."? Thank you.


Asked on 10/08/09, 6:44 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your situation is increasingly common; I've seen it more than once. The short answer is: It depends on the Judge.

Some Judges require Mom to drag the child to the front door so that Dad can drag her to his pickup truck, and will hold Mom in contempt if she doesn't. Other Judges say that Mom's duty is to open the front door and say, "Jennifer doesn't want to go with you. She's in her room. I'll be in the living room with the remote control. Close the door on your way out."

Dade could file an application for a writ of habeas corpus and "get her back." He's a fool if he does; why would a man want to screw up his life by forcing an angry, rebellious teenager to live with him?

As for police involvement, that also depends on what police department you're dealing with. In Plano, they would help Dad (probably).

Read more
Answered on 10/14/09, 5:33 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas