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Does sixteen year old have choice?

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B

berkleywood

Guest
:confused: Texas

Originally a grandfather and grandmother had custody of a child. When the child turned 13 the grandfather died and the grandmother became ill. At that time the grandmother went to live with her daughter (the child's biological mother) 5 hours away. The grandmother agreed to let the child stay in his present town with another daughter, which was his aunt and uncle. One month before the child turned 16 the aunt and uncle decided they no longer had time for the child and told him to either go live with his mom and grandmother or move to the town next to theirs with his father or his paternal grandparents. He moved in with his paternal grandparents and has lived there for 6 months (since December 2003). Now the mother and grandmother (the grandmother still has legal custody from 15 years ago, but the child has not lived with her in 3 years because she agreed to let him live with her other daughter) are insisting that he move 5 hours to live with them. He is a junior in high school with a job and is very active in school sports. He wishes to stay where he is and finish high school there since this is where he has been his entire life. His paternal grandparents want him to stay with them. But his mother and grandmother are telling him if he doesnt move of is own free will they will come to where he is and take him forcibly. His paternal grandparents do not have the money to fight a custody battle. Although the child has a job he doesnt have that type of money either. What rights does the child have. Legally does he have to go with them if they come to get him? He hasnt lived with his grandmother, who has custody, in almost 3 years. What steps should he take that won't cost him any money or a minimal amount of money? Can/Will a police officer force him to get in the car with them and leave? That is what they are threatening.
Thanks for any and all help.
 


K

krispenstpeter

Guest
stop worrying about the police officer. START worrying about the court.

The child will be able to decide for himself when he turns 18. Until then, unless the paternal grandparents file for custody there's not much he can do except pack his bags.

One point however. The paternal grandparents, even with no money, CAN file for custody. They need to contact a legal aid attorney in their area or the state legal aid office closest to them. If the maternal grandparents have let this go on for three years, this represents a Material change in circumstances which COULD (not guarantee) allow them to remain in custody.
 

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