Texas Attorney General Opinion: O-1579 Page: 1 of 3
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TH:E ATTORNEY GENERAL
OF TEXAS
Gerald C. anzv AUTIN n. TnA1s
Hon. Homer P. Rainey, President
The Ibiversity of Texas
Austin, Texas
Dear Mr. Rainey: Opinion No. 0-1579
Re-Legal residence of a minor who
has been placed in his mother's custody.
We received your letter of October 6, 1939, followed by your Istter
dated November 3, 1939, in which you request our opinion on the following
questions
"When a minor's parents are divorced and he is placed in the custody of
his mother, does his legal residence follow that of his mother, who takes
him to another state with the father's aouieaenoce?"
Article 26540, Vernon's Revised Civil Statutes of Texas, provides
in part as follows:
"A non-resident student is hereby defined to be a student of less than
tezty-one (21) years of age, living away from his family, and whose fam-
ily resides in another state or whose family has resided within the state
for a period of time less than twelve (12) months prior. to'the date of
registration, or a student of twenty-one (21) years of age or over who
resides out of the state or who has resided within the State for a period
of leasthan twelve (12) months prior to the date of registration."
The teamq "reside", "residence" and "domioile" have been given
varied meanings and shades of meaning. In same instances they are con-
strued to be different and in others they are held to be identical,
depending upon the apparent stand in which they are employed when oon-
sidered together with the whole context of a statute. It was stated in
an opinion by this department dated September 13, 1933, addressed to Dr.
E. Y. Benedioc, that "reside" as used in this statute has the same mean-
ing as "domicile". This same ruling was made in conference opinion No.
2977, dated.January 10, 1936, Attorney General's Report 1934 to 1936, p.
114, directed to Dr. H. Y. Benedlit
"Where husband sad wife are living apart under a juduoial decree
of divorce or separation, the wife may acquire a separate dcuioile of
her own which will remain unaffected by axy change of residence on the
part of the husband. A divorced woman may select her own dcanicile,
whether she is divorced a vinoulo matrimonii, or only mensa at thoro."
19 Corpus Juris 417.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1579, text, October 6, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258768/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.