Legal Question in Family Law in Texas

Hi, I have a 9 yr old son. There are support and visitation orders. His bio dad has never exercised his visitation and has remained behind in support over the years. My husband and I moved to Europe last year in November as my husband received orders to do so. I tracked down bio dad and he would only agree to sign the consent form for a passport if we entered into a agreement via a notarized letter that I waive all support past present or implied and he willing gave up all his rights to my son. Needless to say this didn't hold up with the AGs office and he is now working and just got notice his wages are to be garnished. He has demanded I close the case or he is going to ask the courts for me to bring my son back to the states so he can take part in his visitation. He doesn't want to know his son, our son accompanied me the day we signed the agreement, my son has never seen his real dad and wanted a chance to see if "he looked like him", the bio dad never spoke a word to his son. This is an attempt to get out of paying support to me. I am married and my husband would like to adopt but the process is expensive and we are not in the states. Can bio dad do this? Could he force me to bring my son to the states? I cant afford to fly stateside for him to see my son. If he does anything what are my options, could I get a modification to the visitation as he is in fact a stranger to my son. The last time he saw him was in 2002, he brought a b-day gift. Later when we went to court for child support he brought that receipt and tried to say it was child support. He was laughed at and told it was a gift. I am so nervous, what are my options. I would like to get some support, we could honestly use it, can he manipulate the system in this way?


Asked on 8/19/10, 5:47 am

1 Answer from Attorneys
TC Langford Langford Law Office

Your issues are complex, and it is impossible to speculate on the outcome. If your current orders contain a geographic restriction, then you are probably in violation. By the same token, his hands are not very clean, and it is unlikely that the court would be very sympathetic to his complaint. It does, however, require a hearing in a Texas court to sort it out. It is not impossible to resolve the matters through telephonic hearings, but makes a difficult situation more difficult. A termination and stepparent adoption is the alternative that may work to everyone's best advantage. You may consider it expensive, but the course you are now on, could cost far more, without the satisfactory results.

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Answered on 8/24/10, 5:56 am


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