My in-laws are becoming embroiled in another child support legal battle. One of their children, my youngest brother-in-law, is 17 almost 18, and is now living with me and my wife (but we don't have formal, legal custody). Neither parent has any children actually physically living with them, though there are 3 dependents in all. So there will be a hearing later and my father-in-law (who is himself a lawyer) is saying I should hire a lawyer because I'll need to be present at the hearing. I stand to be paid child support by both parents. The thing is, I don't want child support from either of them -- not court-mandated child support anyway. And, I don't want to have to go back to Tennessee to talk to the judge. And, most of all, I don't want to get a lawyer. I just don't want to be included in their stupid mess. I guess this falls into the category of No good deed goes unpunished. My questions (for the lawyers especially) are: 1. Can I avoid the whole situation? 2. Do I need to hire a lawyer? . 2a. If so, do I want a Houston lawyer or a Tennessee lawyer? 3. Is divorce not the stupidest idea anyone has ever come up with?
The situation becomes moot when he turns 18. At that point he is an adult and is not the subject of custody in most states. Assuming that the hearing comes before he is 18, then you really can't avoid this unless you don't care who he goes to live with. If you're going to get involved, then you will need a lawyer. If the case is in Tennessee, then you want a Tennessee lawyer.
but if the child has been living here for a certain period of time the case can be transferred to harris county, right? that's under that big federal act regarding child support and custody issues that escapes me...i haven't looked at that stuff since the bar exam.
Juan: In response to your third question... Yes, there is something more stupid than divorce. It's the idea that the normal thing for every person to do is to marry someone and spend the rest of their lives with them. Marriage is very right for some and very wrong for others. Many people enter into bad marriages or marriages which will likely turn bad because they think that's what they're supposed to do. And a divorce is better than a bad marriage any day. Good luck with all that. Sounds like a terrible situation. I trust you'll do the right thing.
He hasn't been here long, but I am told that a change of venue is probably the first thing I should try. But, I'd need a lawyer for that, wouldn't I. Refman, the issue won't go away when he turns 18, unfortunately. He has two older brothers (21 and 19) who are also still considered dependents by the court. My involvement should end in a year when he goes off to college. Max, have you an opinion on whether the court will want to involve me? Rockhead, I called the lawyer you recommended, but I can't understand what he was saying.
JV - don't know if it will help, or if it will be timely, but it's worth a shot: The Houston Bar Association offers free legal advice over the telephone through LegalLine. LegalLine 1st & 3rd Wednesday of Every Month 5 - 9 p.m. Call 713-759-1133 during the time specified.
You are talking about UCCJEA (Uniform Child Custody and Jurisdiction Enforcement Act). If the child has been here for 6 months then this becomes the child's home state and Texas would have jurisdiction...generally. I think there are some exceptions, but I'm not exactly sure.
When he turns 18, any custody battle will become moot. Child support may not end, but that won't likely involve you unless you are needing remuneration for your expenses. I'd say ask a Tennesssee lawyer. They should know. I really don't know Tennessee law on this or any other matter.
Refman, thanks for the help. There isn't any sort of custody battle. It was mutually agreed by me, my wife, my mother-in-law, my father-in-law, and my brother-in-law (in fact, all my brothers-in-law) that it would be best if he resided with me. My parents dissented, but, of course, they don't have a voice in the proceedings. This is a fight that concerns only who pays child support to whom and how much. How much can I expect a lawyer to cost me? It is a hearing that has been arranged. Should I expect a summons or something if the court wants me to be present?
