In Texas, the answer to when a minor child can decide which parent they want to live with (or even visit their other parent) is 18!
That's it!
18 YEARS OLD!!!!!
I get this question via http://www.avvo.com/ and http://www.lawguru.com/ on a daily basis!
I don't know who or where people get the idea that kids get to make a decision about who they get to live with or when they get decide if they get to visit their non-custodial parents.
There USED TO BE a document that the kid could sign that stated who they wanted to live with but it was NEVER binding on the judge. The judge ALWAYS had the final say on what the minor child had to do -- up to the age of 18!!
THE TEXAS LEGISLATURE HAS GOTTEN RID OF THIS DOCUMENT.
IT NO LONGER EXISTS.
IT'S GONE.
IT'S HISTORY!!!
Now the Juge must interview the child in the Judge's chamber -- alone!! That means -- one on one -- to determine what the child wants to do. Many judges don't like this. Many judges just don't have the time to interview every child involved in litigation! It is just impossible for the judge to interview each child involved in litigation!
Why? Since kids attend school and the courts normally close around 5pm. That gives judges from approximately 4-5 pm (one hour) to interview all the minor children. That technically means children from age 0-18. Most judges are not trained to interview small children. Most small children cannot adequate communicate and many cannot tell fiction from reality.
Most judges are not going to have children removed from school to interview them. In large cities, like Houston and Dallas, if a child is removed from school they are going to miss a full day or 1/2 day of school. Many judges don't want to be responsible for a kid missing that much school!
Sunday, June 13, 2010
New look to blog
Josh Peterson - don't know you but I love you new template! Now my blog looks like my website.
Thanks!
Thanks!
Wednesday, May 26, 2010
NAME CHANGE
Child's Name Change - Chapter 45 of the TX Family Code
If the child is over the age of 10, the child must submit in writing that they really want the name change. The reason for the name change must be stated.
Adult Name Chapter - Chapter 45
A lot more information is required. You can read the requirements in the TX Family Code.
A finger print card is required. I have clients get 2 finger print cards. The reason for the name change is required. If a person is trying to avoid creditors or has a serious criminal record, the court will NOT do a name change.
Some courts will NOT do a name change without an attorney. It's up to the Judge.
In Harris County, the civil courts require all the paperwork when the petition is submitted.
In Harris County, the family courts do NOT require all the paperwork when the petition is submitted.
Some judges handle adult name changes a bit different than other judges.
Several pro se petitioners have ended up hiring me after trying to do an adult name change on their own. I have been able to get an adult name change finalized after they have been unable to do it on their own. Why? I know what the individual judge wants and the pro se petitioner does not understand the legal system. Each client has said that my fee was worth every penny.
They each said that they wished they had hired me at the beginning instead of trying to do it themselves.
If the child is over the age of 10, the child must submit in writing that they really want the name change. The reason for the name change must be stated.
Adult Name Chapter - Chapter 45
A lot more information is required. You can read the requirements in the TX Family Code.
A finger print card is required. I have clients get 2 finger print cards. The reason for the name change is required. If a person is trying to avoid creditors or has a serious criminal record, the court will NOT do a name change.
Some courts will NOT do a name change without an attorney. It's up to the Judge.
In Harris County, the civil courts require all the paperwork when the petition is submitted.
In Harris County, the family courts do NOT require all the paperwork when the petition is submitted.
Some judges handle adult name changes a bit different than other judges.
Several pro se petitioners have ended up hiring me after trying to do an adult name change on their own. I have been able to get an adult name change finalized after they have been unable to do it on their own. Why? I know what the individual judge wants and the pro se petitioner does not understand the legal system. Each client has said that my fee was worth every penny.
They each said that they wished they had hired me at the beginning instead of trying to do it themselves.
Civil Liability for Interferring with Child Visitation
It does not happen often by Judges can "punish" people that get involved in "parental kidnapping" or "interfer" in "child visitation".
The law states that a person who aids or assists in conduct for which a cause of action is authorized by this chapter is JOINTLY AND SEVERALLY LIABLE FOR DAMAGES.
This means that if you are involved in ANYWAY then you can be held LIABLE for any DAMAGES THAT OCCUR if anything happens!
This means that if you get involved with a dog and you get up with fleas you might get a flea bath and anything that is required to get rid of the fleas!
So if you get involved with a dirty dog be prepared for a taking a bath -- financially!
Damges may include -- actual costs and expenses incurred -- including attorney fees!
OUCH!
The law states that a person who aids or assists in conduct for which a cause of action is authorized by this chapter is JOINTLY AND SEVERALLY LIABLE FOR DAMAGES.
This means that if you are involved in ANYWAY then you can be held LIABLE for any DAMAGES THAT OCCUR if anything happens!
This means that if you get involved with a dog and you get up with fleas you might get a flea bath and anything that is required to get rid of the fleas!
So if you get involved with a dirty dog be prepared for a taking a bath -- financially!
Damges may include -- actual costs and expenses incurred -- including attorney fees!
OUCH!
Parental Liability
Chapter 41 of the TX Family Code
A parent can be held liable for up to $25,000 in damages for negligent or malicious acts of a child.
A parent or any other person who has the duty of control and reasonable discipline of a child is liable for any PROPERTY DAMAGE proximately caused by THE NEGLIGENT CONDUCT OF THE CHILD if the conduct is reasonably attribuable to the negligent failure of the parent or other person to exercise that duty OR the wilful and malicious conduct of a child who is at LEAST 10 YEARS OLD but is under 18 YEARS OLD.
Damages can be $25,000 per occurrence plus court costs and reasonable attorneys fees.
Damages to a hotel or inn - per occurrence means one incident in a single day in one hotel room. This term does not include incidents in separate rooms or incidents that occur on different days!
Parents beware of prom week-ends and groups of hotel rooms!
A parent can be held liable for up to $25,000 in damages for negligent or malicious acts of a child.
A parent or any other person who has the duty of control and reasonable discipline of a child is liable for any PROPERTY DAMAGE proximately caused by THE NEGLIGENT CONDUCT OF THE CHILD if the conduct is reasonably attribuable to the negligent failure of the parent or other person to exercise that duty OR the wilful and malicious conduct of a child who is at LEAST 10 YEARS OLD but is under 18 YEARS OLD.
Damages can be $25,000 per occurrence plus court costs and reasonable attorneys fees.
Damages to a hotel or inn - per occurrence means one incident in a single day in one hotel room. This term does not include incidents in separate rooms or incidents that occur on different days!
Parents beware of prom week-ends and groups of hotel rooms!
New 9/1/2009 Chapter in the TX Family Code - Chapter 34
Authorization Agreement for Nonparent Relative
Chapter 34 allows a parent to provide specific authorization to a grandparent, adult sibling or adult aunt or uncle of a child to provide medical, educational, and other parental consents in a parent's absence.
Chapter 34 allows a parent to provide specific authorization to a grandparent, adult sibling or adult aunt or uncle of a child to provide medical, educational, and other parental consents in a parent's absence.
Consent to Treat a Child by a Non-parent
Chapter 32 of the Texas Family Code
Consent to Medical, Dental, Psychological, and Surgical treatment and consent to immunize a minor child
Also contains a section on emergency shelter or care for minors.
Consent to Medical, Dental, Psychological, and Surgical treatment and consent to immunize a minor child
Also contains a section on emergency shelter or care for minors.
Emancipation
Chapter 31 of the Removal of Diabilities of Minority or Emancipation in TX
In Texas you must be 16 or 17 to be emancipated. Read Chapter 31 (available on-line) which states what must be listed. The parent of the child MUST verify the petition or an amicus attorney or attorney ad litem shall verify the petition.
The Judge shall appoint an amicus attorney ro attorney ad litem to represent the interest of the child at the hearing. Someone (the child) has to pay for this attorney. They usually charge a minimum of $1,000 (or more) for their legal fees. Again, most kids can't afford their legal fees.
In Texas you must be 16 or 17 to be emancipated. Read Chapter 31 (available on-line) which states what must be listed. The parent of the child MUST verify the petition or an amicus attorney or attorney ad litem shall verify the petition.
The Judge shall appoint an amicus attorney ro attorney ad litem to represent the interest of the child at the hearing. Someone (the child) has to pay for this attorney. They usually charge a minimum of $1,000 (or more) for their legal fees. Again, most kids can't afford their legal fees.
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