Legal Question in Family Law in Texas

I have a 6 yr old son and I have been divorced for 5 yrs from his father. His dad is behind 5000.00 dollars in Child support but is currently paying me through the OAG. He was very difficult to locate the first time a couple yrs ago when the OAG tried to serve him for back support. He has not picked up his son in 2 yrs and doesn't see him or call. He lives in LA and has started a whole new life which is great but I want full custody of my son and I want his parental rights taken away. He has abandoned him all but the support. I dont want his money! His support was based on no job a few yrs ago and he was put on probation for not paying several times and then once he got a job he was promoted got a big raise and now the OAG is taken him back so he has to pay more support to me problem is they cant locate him and he gave them a bogus address. I dont know where he lives and that is part of our custody agreement. He is in contempt of court for everything in our papers. Why cant I raise my son alone I have been doing it for 6 yrs alone. I make plenty money to raise him.


Asked on 9/17/12, 1:24 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

You can ask the court to terminate his rights, but if you can't find him, then the court will appoint one, at your expense, to find and represent him. These attorneys are usually pretty good at finding people.

If he is found and contests the termination, then he is entitled to a jury trial where the question is not whether he is a good parent, but rather whether it is in the best interest of the child not to have a father who is paying support. That can be a tough case, but is winnable depending on the circumstances. On top of that, your burden to terminate him is substantially higher than in most civil cases; it has to be proven by clear and convincing evidence.

You need a good attorney to help you make the decision and then to represent you if you go through with it. Good luck.

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Answered on 9/17/12, 2:55 pm


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