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Can grandparents appeal to TX Family Court for a daughters emancipation & relocation to VA? 4 children,?


4 young children, husband addicted to porn initiated the divorce; he got temp custody but his job involves travel so she has the kids most of the time with no support structure and the stress is killing her. Her whole life has been hearth and home, she was a stay at home Mom for the 11yrs of her marriage but has been forced to go back to work as a home health nurse. The facts are on her side but she fears going back to court alone because the first time he and his sleazy lawyer ambushed her; also he has not paid her lawyer from their marital assets as he was ordered to do by the court and so she is a bit embarrassed about that and has not had good representation herself.

I don鈥檛 understand your question.

Emancipation is a legal process in which a MINOR gains some (not all) legal rights similar to those of an adult. For example, they would no longer be subject to the control and supervision of their parents.

The mother in this case is obviously an adult, so she can鈥檛 be emancipated, because she already is (a person is automatically emancipated when they turn 18). So, are you talking about the grandparents petitioning to have the children emancipated? Why? And what are the kids going to do once they are emancipated (because they will then be responsible for providing for themselves)?

At any rate, in Texas (as in most states) only the MINOR can petition for emancipation. They would have to meet ALL the requirements for it, and they are MANY. Most teenagers don鈥檛 even come close to meeting them. For example, ONE of the requirements is that the minor must be able to fully support themselves--that means paying for rent, utilities, groceries, medical expenses, etc with NO help from anyone (including the grandparents).

But, for some reason I think maybe emancipation is not really what you鈥檙e asking about (maybe you鈥檝e just used the wrong term). What exactly is it that the grandparents/mom/the kids/whoever is wanting to do?

Is it that Mom wants custody of the kids and permission to relocate to VA with them? If so, then no, the grandparents can鈥檛 petition for that. But they can provide funds for MOM to do it. However, if Dad fights it, then she鈥檇 have to prove that it鈥檚 in the CHILDREN鈥橲 (not her) best interest for them to relocate. It could get expensive and she may not win. Dad has a right to maintain a relationship with his children, and if she takes them that far away, it effects his ability to do that (summer visits do not make up for not seeing the kids all year long). As far as the addition to porn鈥?1) you got to prove it (2) unless it affects the kids in some way (ie they are seeing the porn), it鈥檚 probably going to be ruled irrelevant (3) he did get custody to begin with, which means either the court awarded it to him or Mom agreed to it, so apparently the porn addiction wasn鈥檛 a problem then.

Tell Mom to talk to a Texas attorney about the situation.

Never get a bargin basement lawyer! It's time for her to get a different lawyer (why would she use the same idiot that screwed up last time) and a good one too. He/she will get his $ from the ex real easy!

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