I am a single mother of a 12 year and have been since he was 5, my son has always been a part of his fathers life, even when he moved to California for a woman 3 years ago, he recently moved back to Texas last February and basically talked my son into moving in with him,telling him they would do things together and he could spend everyday with his baby sister who is 2, blah blah blah all the cool stuff an 11 year (at the time) wants to hear. Finally in September I decided to allow him to live with his dad. I felt the age was a great bonding time for him and since I have no male figure living in my household, I thought it would be best, now my son's grades are slipping, he is disrespecting him and his stepmother and tells me that he is happy there, but that he hates the fact his father never does anything with him and all he wants to do is sit on the couch and watch TV, my ex husband is a very strict man, and doesnt seem to give him much freedom, I believe his behavior lately is a cry for his father to show him some attention, but he is not in agreement with me. My son has always been a good kid in school and always respected adults, lately i am seeing a completely different kid, I want him to come back and live with me, We do have Joint custody, and in our divorce decree I am still considered the custodial parent, nothing was ever signed giving costodial rights to his father, I am trying to figure if anyone has been in a similiar situation and if it is within my rights to remove him from his fathers home. I think it is, because it still states that I am the Custodial Parent. I know if I do, there will be a court battle in which his father will probably initiate, but I just want my son back home with me where he belongs. I want him to respect and look up to his father again the way it was before he moved in with him.

Hi jenyt, welcome to the forum.
Basically without the original court order having been changed, that should still be how the law will view it, unless and until a motion for modification is filed and ruled on.
Also just so you know beginning at age 12, for Texas, the child begins to have a say in where he/she wants to live. This doesn't mean the child gets what he wants, just that it is taken into consideration along with anything else presented to the court. It also says the older the child gets past the age of 12 the more the court will consider their desire in relation to both the parent's sides of it.

Hello Jenyt,
I am also very new at this, so as I stumble around a bit, please pardon me.
I spent a good part of the day in court yesterday researching such topics. Don is right though, there is the law and there is the California law, so I am unfamiliar with how it works in TX.
I would like to focus on your Son, and his change in personality. I understand what your going through. I have a different circumstance, but our concern for our Son's are the same. These precious boy's have held in much, more than I am sure we actually realize.
I have gotten counseling lined up for my Son. They need a "Safe Place" to fall. A place they can speak about it all and not worry that they will be repremanded, hurt someone, or make anyone mad at them.
I would most definitly get my Son back, if even for a moment I thought things were going badly for him and his own well being. Again, those instincts are important. Listen to them.
Then into counseling, together and apart.
I am handling my situation by filing an "Order To Show Cause". I want the Court or a Mediator to hear both sides and help decide what really is in my Son's best interest.
Like what was suggested to me, I am printing out all the necessary information I have saved and documenting chronologically what has been occuring.
I am going for full custody of my Son. I know the court will change the visitation order (have you read my issue's in this forum? by Debrasong)
Do what is best for your son, he is too young to figure all of this out for himself, and he shouldn't feel trapped in the middle, although we can only control that so much, I know.
Once he gets into some counseling, and once you get back to court, you'll see, things will be better, and you and your Son will once again be happy together. Boundaries have to be set, when one or both parents cannot seem to figure them out on their own.
Best of luck to you. I will hope to here some god news here as you move forward in all of this.
Debra