Fulton, AR asked in Child Custody and Family Law for Texas

Q: If the sole managing conservator kicks the child out at age 13 does can the poss. Cons. Gain rights and pick up the kid

The child is in texas and the posses. Conservator lives in Arkansas

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1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: I hate to hear that a parent has kicked a 13-year-old child out of the house. If the possessory conservator is in a possession to take their child into their home, then they have every right to take possession of the child, unless there is a reason why the possessory conservator having possession of the child would not be in the child's best interest.

In Texas, if a parent voluntarily relinquishes possession of a child for 6 months or more, with no intent of retaking possession, then the parent in possession of the child can file to modify the current court orders and ask to be named a managing conservator of the child. Also, if the child lives in Arkansas for those 6 months or more, the Texas court could lose jurisdiction over the child, and the county in Arkansas where the child has resided could gain jurisdiction.

I hope this information helps. Good luck to you.

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