Legal Question in Family Law in Texas
Child's Interest
My ex-husband is an immigrant & I withdrew my petition for his citizenship after our divorce. Before I withdrew my petition his temporary citizenship expired. He is now wanting to come and pick-up our daughter. I have asked him to see proof that he is still legal here. He justs avoids the issue. I do let him see her, but supervised. Yet he still demands to take her. Does this issue pose a legitmate risk for my daughter? Am I wrong for not letting him take her even though it is in the decree? Also, my new husband wants to adopt my daughter. Unfortunaetly my ex does not approve. Also, my ex has never made any type of support payments.
2 Answers from Attorneys
Re: Child's Interest
You raise several issues. Although courts may vary, I would think that your ex's immigration status would matter because he could be picked up and deported. I wouldn't want my daughter there when that happened. Regarding child support, why not try to enforce child support. This also may help your current husband adopt in the long run, and if not it at least gets you the funds you are entitled to receive. I do not see a down side other than the attys fees you will need to file the enforcement action. I hope this helps.
Re: Child's Interest
You have raised numerous questions. If your divorce decree has provisions that he is allowed to see her you need to file a motion to modify to avoid being in contempt for not letting him have her. If he has failed to pay support, you can also file a motion to enforce. Involuntary termination and adoption is expensive and time consuming. In 98% of my cases I tell people to forget that idea all together. You and your child lose all rights to child support from the biological dad and there is really no gain. A loving relationship with stepdad is not going to change in any way.