Can I legally go live with myfatherwithout my mother’s permission if she is my primary custodial parent?

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Can I legally go live with myfatherwithout my mother’s permission if she is my primary custodial parent?

I hate my mom. She promised to make my life a hell for the last year I live with her. She’s bipolar and totally unreasonable. Today she called me while I was visiting my dad for the summer and said she wanted me home because the 2 of them got into an argument over credit issues she caused. She told me either I come home peacefully or she will call the cops and have me forcefully removed. I want nothing to do with her. I’m 17 years old and my dad had a history of violence with my mom but never me. I signed a affidavit to live with my dad 2 years ago.

Asked on July 5, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  You are really caught between a rock and a hard place as they say.  You can not just go and live with you Father unless the court allows you to do so.  But I think that you may have some time here to sort things through if the agreement between your parenst as to visitation allows you to stay with him for the Summer.  Your Father is entitled to that time and your Mother agreed.  How the cops will react to a call from her is uncertain so I would suggest that while you are there your Father goes to court in Texas and files for a modification of the custody agreement and for primary custody.  Now, your Father's past may come back to haunt him here but the fact that you are 17 and the courts will listen to you is a big plus.  They will want to know the reasons why you want to live with your Mother and not your Father.  That you hate her or that she is too strict are not good reasons.  That she is abusive and threatens to cause you mental and physical harm are good reasons.   Please get legal help.  Good luck to you. 


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