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Sun 29 May, 2005 01:27 pm
My son is 16, his mother has custody but for the past 6 months, he has not lived with her and she has not supported him in any way. He has a job and pays his own way. I do pay child support, which she keeps for herself. He has called me and asked that I come get him and bring him to stay with me. His mother found out and says that she will have me arrested for kidnapping if I do. We are from Texas. I feel that she has a lot to worry about and is using the threat to keep from getting into trouble herself. What is my standing in this?
Yikes, that's some serious stuff, tistevens. I'd heartily recommend that you speak to a lawyer in person about this.
Sorry that you're in such a tough spot, and good luck.
In Pennsylvania children over 12 get some say in choosing a custodial parent and children over 14 have considerable choice.
I'm not sure about the situation in Texas, but at 16 your son has some say-so.
Re: parental kidnapping?
tlstevens wrote: for the past 6 months, he has not lived with her and she has not supported him in any way. He has a job and pays his own way.
At 16 doesn't this make him an emancipated minor?
I can't give legal advice, but If he hasn't emancipated through the court, has been living on his own for 6 months and his mother has legal custody, these are the steps I would follow if I were you:
1. If necessary, get your son some money/room and board for the next few days. Meet him and make sure he has what he needs and isn't on the street.
2. Call an attorney on Tuesday morning.
3. Ask your attorney about
a) your son filing for emancipation in which case he could then live with you by choice,
b) Getting temporary custody and eventual regular custody by presenting the judge with proof of sons living on his own and your having paid support to ex.
4. Find out which would be fastest route or if there is another way your attorney knows.
I would NOT go pick him up and bring him to live with you today. She probably could file charges and you would not be able to assist your son at all if you are locked up until it's sorted AND it wouldn't look good to the judge when you ask for custody / or your son asks the court to let him live with you by choice.
That's my 2 cents.
Best of luck.
Most importantly: your child support payments should
go to your son and not your exwife.
I was going to respond, but it looks like Squinney spelled out the steps to take quite well. I would re-emphasize the last point about NOT going to get him. That could potentially become quite a legal problem. Good Luck!
Wow thats alot to deal with. If she keeps child support money for herself and he doesn't live with her then you can take her to court.
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