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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34884
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am possesory conservator of a 15 year child in the state

Resolved Question:

I am possesory conservator of a 15 year child in the state of texas. Against the wishes of the child the sole possesory conservator has threatened to "forcably" remove the child from my residence in a manner involving police. The child has been threatened, verbally abused, and psycologically abused to the point of uncertain instability and has outwardly made the preference to remain and or reside with me (possessory conservator). Question: Does the Mother have the legal right to come to my residence and demand a forcable removal of the child involving law enforcement officials?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of the situation.

At the present time are you exercising your visitation rights as provided by the court? Or is it the mother's turn to have physical custody of the child.

Also, you refer to both yourself and the mother as possessory conservators---is that what you meant to write? Is neither of you a managing conservator?

Customer: replied 4 years ago.

The custody have been constantly skewed by the mother so that we are not adhereing to any certain schedule. The Mother has denied residence of our child for over a month, not adhered to any visitaion scheduling, and was initiator of the idea that the child come live with me at my residence. Now, after a month she is trying to forceably come and take him out of my residence against my son's wishes and threatened to be accompanied by police.

Expert:  LawTalk replied 4 years ago.
Good morning,

Thank you for the additional information. Now I understand what the problem is. I will presume that as written, the present court order grants the mother physical custody at this time and she is now attempting to enforce that right.

Police generally will not get involved in custody disputes like this, and so it is unlikely that she will appear at the house with the police.

However, you might consider filing a Petition for Emergency Custody today and hope that a judge agrees to grant you sole Managing Conservatorship until a hearing can be had on a modification of the custody order.

This is something that must be handled quickly, or you may find the mother filing against you for Contempt. the fact that the mother has acted like a nut case in the recent passed and asked you to keep the child does not give you the right to refuse her custody if the court order is still in place. You need the court to resolve this issue as soon as possible.

Speak to a local Family Law attorney today about taking care of this. It will be much better in the long run for your child. Also, based on the age of your child, the court will consider which parent they want to live with as well---Texas child custody law states that children 12 years of age or older can contribute to the custody decision-making process----so do make the motion for modification of custody as soon as possible.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

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