Q&A: Complicated Child Custody?
Question by Anonymous: Complicated child custody?
Alright so first off, I’m in Texas, and the friend I’m speaking of is also in Texas, and is 16, turning 17 in January.
For a long time now she’s been in a constant custody battle with her step dad, real dad, and her mom. She was living with her dad for a long time, with forced visitation to her mother in San Antonio every other weekend(from Corpus Christi, where she lived.) After a while, her step dad brought up some crap and she was forced to move to San Antonio with her mom, because apparently her dad doesn’t have any legal control over her anymore and she would have had to live with her step dad otherwise. – How can that be? How can her biological father not have legal control over her anymore just because her mother had married someone else?
I’d like to mention that her mother used to be EXTREMELY abusive, and a horrible alcoholic – I’m not sure if she still is one, but she still drinks at the very least, and has provided my friend with cigarettes often and wine at least once. Her mother is also no longer with her step dad.
Anyway, she is currently living with her aunt, who is also in San Antonio. She is wanting to get emancipated now, but it seems impossible; she would have to be “self-supporting” and have a steady source of income and a place to live, however her aunt doesn’t want to go against her mom with that, and if she came back here it would cause a big fit with her step dad and what not.
Any advice, anyone? I forget exactly what she told me about her step dad but he is a complete asshole, and she would not be well off living with him; and obviously her mother is a horrible choice too. Her dad has his own place, and has a job; and her grandma lives here too and she has stayed with her before, she is another viable option. How can we get her living back down here and out of that hell hole of a city?
I’m aware things like “her step dad is a complete asshole” are ineffective in court. Also, first answerer, can I have a little evidence please? Law code is amazing. I know that she cannot choose anywhere she wants to live, but I’m unsure how that applies to living with her mom versus her dad.
@Rev I believe her step dad did adopt her. How are you suggesting she be emancipated? At the moment, she doesn’t even have a job.
@m Thanks for your answer. I’m sure she’d want to live practically anywhere away from her mom and step dad. She’s also wanting to drop out of school and just get her GED because of all this crap. Is her mom’s past abuse enough to get her away from there and living with her grandma or dad? Her dad is preferred, but grandma is better than nothing. Also, if her step dad has no legal rights like everyone says, how is it that he’s kept her living in San Antonio? Her mom was fine with letting her live with her dad, but she couldn’t because of her step dad. He took it to court, and they were supposed to have a court date some time last month, but he apparently delayed it, so she’s still stuck there for the time being.
Again I really appreciate the answers guys, this whole situation kills me nearly as much as it does her.
Her step dad adopted her, and her father had given up his rights over her. Can she still choose to live with her dad and her step dad and mom can’t say anything about it?
Best answer:
Answer by mejaki
As your friend is 16, she has the right to tell the court where she wants to live, and the court will most likely respect her decision. The stepdad has no legal position here, especially if he’s no longer with her mother. Your friend and her father can get assistance through Children’s Aid; they’ll help with the legal issues and make sure she’s in the best situation.
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