What to do if my stepson is on probation but needs to move out of state with his mom and me?

He has talked to his probation officer and filled out some papers for transfer. How do I get this pushed through? They flt out told him that they didn’t really want to mess with the paperwork. I know there is a $150 fee to be paid but I cannot figure out how to pay it in their system.

Asked on August 5, 2015 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your son cannot move without permission of the court or the probation officer.  You can do a couple of things to move it along.... depending on what resources are available to you.

First option.... simply show up at the probation office and pay the $150 transfer fee and ask for a receipt from the probation officer.  Once they get the fee, they will sometimes start more movement because they will have a payment they have to account for.

Second option.... if the probation officer isn't going to do their job, then you can hire an attorney to file a motion to modify your stepson's conditions of bond and to walk it through the prosecutor and judge.  If the prosecutor and judge are in agreement, then it can be accomplished in a couple of days...without the probation officer.  Basically, it's going over the probation officer's head.  It's a bit more pricier than the first option, but if you hire an attorney that's on the ball, then it will be faster than waiting on the do-nothing officer.

Keep in mind that with either option that there is one main limitation.  This limitation is the probation office of the state that you and your son are moving to.  If the receiving state, for whatever reason, does not want to accept your stepson, then they could refuse the transfer.  If this happens, then your stepson will have to stay in Texas until the transfer is approved.  You don't see this happy very often, but you do need know it's at least a potential.  It usually happens in high risk case like child sexual assault cases where the receiving jurisdiction may not have the resources to assist someone in completing or complying with their required programs.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your son cannot move without permission of the court or the probation officer.  You can do a couple of things to move it along.... depending on what resources are available to you.

First option.... simply show up at the probation office and pay the $150 transfer fee and ask for a receipt from the probation officer.  Once they get the fee, they will sometimes start more movement because they will have a payment they have to account for.

Second option.... if the probation officer isn't going to do their job, then you can hire an attorney to file a motion to modify your stepson's conditions of bond and to walk it through the prosecutor and judge.  If the prosecutor and judge are in agreement, then it can be accomplished in a couple of days...without the probation officer.  Basically, it's going over the probation officer's head.  It's a bit more pricier than the first option, but if you hire an attorney that's on the ball, then it will be faster than waiting on the do-nothing officer.

Keep in mind that with either option that there is one main limitation.  This limitation is the probation office of the state that you and your son are moving to.  If the receiving state, for whatever reason, does not want to accept your stepson, then they could refuse the transfer.  If this happens, then your stepson will have to stay in Texas until the transfer is approved.  You don't see this happy very often, but you do need know it's at least a potential.  It usually happens in high risk case like child sexual assault cases where the receiving jurisdiction may not have the resources to assist someone in completing or complying with their required programs.


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