Legal Question in Family Law in Texas
Absent Parents Rights - do they have them?
My ex has not seen my kids since 4/06, talked to them since 6/06 nor paid child support since 10/06. My new husband was waiting on residency in TX to adopt the kids since we just moved here. Now my ex has written me a letter stating he wants 50/50 time with the kids again. We moved from Colo to TX and my aatorney in Colo says he can't help me. Does my ex have any right to the kids after all of this time? My husband will have residency on 4/1/08 and we would liek to act fast on the adoption. My original case was filed in Colorado.
1 Answer from Attorneys
Re: Absent Parents Rights - do they have them?
Your new husband cannot adopt your children without first terminating the rights of the father. Although he has a poor history for the last 18 months, that does not mean that a judge will automatically terminate his rights. You will need an attorney in Texas to register and enforce your decree. If you can get jurisdiction of the case in the Texas court, it gives you an advantage. Only an attorney can review your entire situation and determine how difficult this situation will be.