Need to get 16 yr old out of Texas

#1 06-25-2003, 02:03 AM

I am inquiring about what legal steps my husband needs to take to get his nearly 17 yr old daughter out of her mothers home...and move to California where Dad resides. It was a default divorce with a minor child and no custody arrangements were made. The child has sense contacted her Dad and is in danger. The Mom is severely mentally ill and abusive. How can we retain custody of this child without the Mom having that information before we arrive to pick her up. We just want to get out of the state safely and legally. This Mom needs help as well because of her mental illness and refuses to get help. We don't want this Mom to kill herself because her daughter left. Is their any way we can find Help for this Mom. It's very sad. But ultimately this child deserves to have a healthy safe home.

RitaBoyd · #2 06-26-2003, 07:30 PM

I'm sorry for the situation. That would be very strange for a divorce decree to be silent about custody. Did he get ordered to pay child support? If so read the document more carefully. It's bound to have given him some visitation! If it's a typical Texas decree he may have the right to 42 days this summer since he lives more than 100 miles away. Assuming you're right and the decree is devoid of any mention of this child and assuming there are no Court Orders regarding this child which is real hard to believe he may have as much right to physical possession of the child as mother would. HAVE A TEXAS FAMILY LAWYER LOOK AT THE ORDER TO MAKE SURE PRIOR TO TAKING ACTION OR HE MIGHT END UP IN JAIL. In terms of the mother why doesn't someone swear out a Mental Health Warrant on her? If a person is a danger to themselves or others the person can be involuntarily committed for a short period of time for examination. If the professionals at MH/MR certify that she is a danger then she will be involuntarily committed for 90 days I believe. And this can be extended for as long as a person remains a danger and needs treatment. Generally no you cannot get legal custody of the child from the mother without notice to her. However you may be able to take the child away for a short period of time until a hearing can be held. See you can do a Ex Parte Temporary Restraining Order or an Ex Parte Protective Order. With proper facts the Court will give him exclusive possession of the child until a hearing can be held two or three weeks away. At least this would give you some time to examine the facts and make sure they are as they seem. In Texas the child can sign a Choice choosing Dad as her Managing Conservator i.e choosing which parent to live with. The Court will approve it if it is in the child's best interest. You've got a problem though with Dad living in California. In Dallas County most of the Courts impose domicile restrictions on the child's residence. Be happy to visit with you about this by telephone. Please call 214/750-0500 for a consultation. Rita M. Boyd Attorney

#3 06-28-2003, 12:59 AM

a no fault divorce was filed in California what that means is that Dad did not know where the Mom was as she'd been in hiding so Dad had to publish to get this divorce. In the decree it is stated that the county where we are from has juristiction over any custody or child support....but that nobocy technically has legal physical custody of minor child. can you explain what a mental health warrant is and what is required to do this. I know we can get the child home legally and safely...that's a no brainer just a couple of dollars is all. Now my main concern is for the health and well being of this Mama. She is a tough one and suffers drastically in my opinion. She's cut herself off from the family her parents sibs etc. I just wouldn't feel right turning my back on her if we could get her some help. I know it appears i have much empathy for this ex wife....and I do... i've fostered many many children over the years and have worked intimately with bparents and this Mom needs help she doesn't want it tho and i don't want the children to suffer if this Mom decides life isn't worth living anymore. She's a paranoid Scitzo...cuse the spelling i never could memorize the spelling on that one. She doesn't allow this child to go to school or to leave the yard make personal phone calls or have any friends. I'm sooooo glad that after we got married my phone number was published with her Dad's name. Otherwise she may not have found him. Thank you Rita

#4 06-28-2003, 01:01 AM

Rita.....just wanted to make mention that she is not in Dallas county but Bear County Thanks

RitaBoyd · #5 06-29-2003, 03:01 AM

I hate those darn California divorce decrees. It's one where they check the boxes right? And it's about three pages long? OH! They drive us crazy because they're so vague. Does the decree even name the child as being a child of the marriage? In other words is the child illegitimate? I really need to see that Decree. I thought about your case yesterday (Saturday) because there was a big article about our mental health unit. I did not realize she was in Bexar County and not Dallas County. I do not even know if they have a mental health department down there. I've never had a case in Bexar. Can the daughter federal express you a copy of the phone books from there? In my phone book it's in the Business White Pages book and there's a section at the front that book they call the blue pages. You go through state county city government listings. In ours it's under County listings. I wish I had someone I could refer you to. I'm sorry this is not more help. Good luck to you. Rita M. Boyd Attorney

#6 06-30-2003, 07:17 AM

Hi Rita... I do plan on calling you and filling you in but not until it unfolds more. : ) I basically wanted to let you know that I spoke with somebody in the Bexar ? County Mental Health Crisis arena and they actually faxed me the Mental Health Warrant application so that we could have the heads up on what is needed for this Mom to get help. They were sooooo helpful. If it weren't for you taking the time to respond to my NEED here I wouldn't have known about this option. My friend you may have saved a life... I thank you..... Kindly Joanne p.s. we aren't out of the woods yet but their is definite hope and I feel positive that we'll get good results that the family will feel they've done all we could to help this Mom/daughter/sister/grandma....etc. Again Thanks

RitaBoyd · #7 06-30-2003, 10:42 AM

YEAHHH!! THE CROWD GOES WILD!!!! RITA BOYD DOES SOME GOOD!!!!!!!!!!!!!! I'm so pleased. Thanks so much for letting me know. Good luck to you guys. Rita M. Boyd Attorney sometimes extraordinary rarely appreciated but always sincere

#8 07-08-2003, 11:51 PM

Your response totally cracked me up !!! You are much appreciated. We're still in limbo on the timing and all but things are progressing. It's like a sloooow labor process. Again Thanks and your personality is soooooo familiar. Could we be related ! : ) Kindly Joanne

#9 07-16-2003, 01:13 AM

I have a copy of the decree in hand. It names the child as well as saying that they have joint physical custody but it doesn't name the person who has actual physical custody the reason being is she had disappeared with the child and the divorce was a default divorce she could not be served papers so the intent to divorce was published. Does that make any sense ?

#10 07-29-2003, 04:14 AM

Hi Rita I just called your office and you're out for the afternoon. I have the divorce papers in hand that I'd like to fax you if needed. It says that they have joint legal and physical custody and that visitation rights are granted to the respondent. so to me it sounds like Dad has custody...being as he petitioned the court for the divorce. anyways.....that is what is written signed by the court. now my question is simply this if by chance this child slips out in the night...(for her safety it has to be done this way) again if she slips out in the night and the Mom calls the cops and they come to the airport would this piece of paper be sufficient to continue on our airline ride to California ? Again this child will be 17 on August 28th. If we could petition the court and have the Mom served for custody we would do this but the Mom's mental stability is at risk....we've put some action into play to have somebody their for the Mom with the Health warrant etc. Sooooooooooooo......whaddya think ? Thanks so much Joanne