Asked 7/27/2016 – El Paso, TX

Our 17 year old daughter was picked up in the middle of the night by her aunt who lives in Texas. We live in New Mexico. Our daughter left a note stating she wanted to go live with her aunt. My husband went to the aunts home to retrieve our daughter but they won’t open the door. Police are telling us there is nothing we can do 1. because our daughter is 17, 2. because she left a note telling us where she was going, therefore is not considered a runaway. Isn’t this considered custodial interference and what our options. We would be ok with her living with her aunt but don’t want to be in any legal problem or liable should she do something wrong.

Answer

Until your daughter turns 18, you have the right to determine where she lives. Since you are out of state, it will be difficult, but you can file an incident report in the county where you live and also contact the local police department in the city where your daughter currently lives. Do not just make phone calls. Get names of people you speak with each department, send letters or emails and don’t just let this go. You are within your rights.