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hocuspocusme, USA Legal
Category: Family Law
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What rights does a minor have to protect himself from his custodial

Resolved Question:

What rights does a minor have to protect himself from his custodial mother who abandoned him 6 months ago with his aunt and uncle? He is 16, does not want any contact with his mother, and resides in Jim Wells County, Texas.
Submitted: 8 years ago.
Category: Family Law
Expert:  hocuspocusme replied 8 years ago.
Does his grandparents have custody? If they do he does not have to have any contact with his mother unless she has custody or visitation rights.

If he does not want to see her he can apply for emancipation rights against his mother and continue to live with his grandparents.

Actually his grandparents can file an injunction on the mother for harassment and let her take it to court if she does not like it.

Customer: replied 8 years ago.
Mother still has custody but aunt and uncle have had possession for 6 months
Expert:  hocuspocusme replied 8 years ago.
Ok, legally since mother abandoned child, grandparents can file a "Motion for Physical/Legal Custody" of child and liklihood is that they will be granted custody and mother will be granted visitation. Child can legally state who he/she wants to live with at the age of 13. If mother is not stable, judge will order supervised visitation.
Customer: replied 8 years ago.
Child is living with the aunt and uncle
Expert:  hocuspocusme replied 8 years ago.
I do apologise. The same rights apply, because the law states, other than biological parents, the burden is to prove the parents unfit or that the parents have abandoned the child or that it would be detremental to remove the child from the 'caregiver'.

The situation applies because the child has been living with the aunt and uncle, 'other caregiver' for a half-year.

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