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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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Im abused at home. My parents are divorced and my dad has been

Customer Question

Im abused at home. My parents are divorced and my dad has been absent in my life for 1: years (I'm 15) but now we have a good relationship. The custody is shared, but he's never paid child support or done anything but send me cards and flowers on my birthday and other occasions. What do I do? Can I move in with my dad without there being legal problems?
Submitted: 4 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Who is abusing you?
Customer: replied 4 years ago.
My parents. (mother and step father).
Expert:  Phillips Esq. replied 4 years ago.

Im abused at home. My parents are divorced and my dad has been absent in my life for 1: years (I'm 15) but now we have a good relationship. The custody is shared, but he's never paid child support or done anything but send me cards and flowers on my birthday and other occasions. What do I do?


Response 1: If your parents have Joint Managing Conservatorship (Joint Custody), but the Court gave your mother sole right to make decision on where you must reside, then you need to get your mother and father to agree to have you go and live your dad in order for you to move in with your father. Otherwise, your mother can file contempt action against your father for not complying with Court Order if your father failed to get her consent before you moved it with your dad.

On the other hand, if your mother was not given sole right to make decision as to your living arrangement, then you can move in with your father without your mother's consent. Otherwise, if you want to live with your dad and your dad wants you to come and live with him but your mother does not agree and she has sole right to make decision as to your living arrangement, then your father will need to file Application to Modify Joint Conservatorship and request that the Court award him Sole Managing Conservatorship so that he can tell you to come and live with him without your mother's consent.


Can I move in with my dad without there being legal problems?



Response 2: Yes but see my previous response--if your parents agree to the move or if the Court grants your father's request for change of conservatorship. Otherwise, your mother can file contempt action against your father for not complying with Court Order if your mother has sole right to make a decision as to your living arrangement and your father failed to get her consent before you moved it with your dad. So, you need to find out from your father the details of his joint custody with your mother so that he and you can take appropriate action. If you are being abused by your mother and stepfather, then obviously, you cannot continue to live in that harmful environment.

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