Q: Need help with custody of a 15 year old who will turn 16 in Nov 2023. Dad is fighting. I need a pro bono please.
My daughter currently visiting me (mom) for the summer in TX. She decided to stay with me and not go back to dad after summer in Maryland who has the primary custody. She will be turning 16 in November. She can decide where she can live but Dad completely disregarded her decision. He has been emotionally manipulating her to go back and threatening me that he will come to TX and take her. Previously he had threatened me many times to get the police involved. Me and my daughter need protection and advise please. My daughter is almost 16 and I can’t force her to go back. She hates going back to her dad’s. Thank you
A:
The first step in this process would be to consider filing a modification of the existing custody order. Since the original order is from Maryland, you would typically need to file the modification there, unless the child has been in Texas for at least 6 months. In that case, you may be able to file in Texas. You'll need to show a significant change in circumstances and that the change is in the best interest of your child.
In Texas, a child who is 12 years of age or older can express their preference to the court about which parent they prefer to live with. However, the court will make the final decision based on the best interests of the child. The court will consider factors such as each parent's ability to care for the child, the child's emotional and physical needs, and the stability of each parent's home.
If you do not qualify for legal aid and cannot afford a private attorney, you may consider representing yourself. This would involve researching how to file a modification of the custody order in your jurisdiction. Many courts provide resources for self-represented litigants, including forms and instructions for filing a modification.
Legal aid organizations provide free or low-cost legal services to those who qualify based on income and other factors. You can contact legal aid organizations in your area to see if you qualify for their services. They may be able to assist you with your case.
Lastly, it's important to keep a detailed record of all interactions with the father, especially any threats or attempts at manipulation. This could be important evidence if you end up in court.
Remember, this is a general guide and the exact process may vary based on your local court rules and the specifics of your case. Always consult with a legal professional for advice.
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