Legal Question in Family Law in Texas
abandonment?
My ex husband was running from th state of Texas for 5 felonies. He started running Thanksgiving day 07 . While he was in jail I told him that if he went back to doing drugs and his old lifestyle I would not allow him to see our son. Almost a year now and no word , no phone calls to our son . NO CHILDSUPPORT either. He was incarcerated around may in tn and now I'm not sure where he is at. I think TN released him. Is this abandonment? I have sole custody and he has no visitation rights ...it is all at my discretion.
2 Answers from Attorneys
Re: abandonment?
What difference does if make? Texas is a no-fault divorce state. You can have a divorce just because you want one. You don't have to prove abandonment or adultery or anything at all.
Re: abandonment?
If you are asking about abandonment as to your son, I would say maybe. I would also say that normally courts require a stepparent to adopt, before releasing a parent in order to terminate parental rights. Based on what you have written, however, you would have a good argument to terminate your exhusband's parental rights. Good luck.
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