Legal Question in Family Law in Texas
custodial parent child abandonment
if the parent who was granted custody of her children abandons them where they live with someone else other than herself or their father, is she not just as responsible for their financial well being as the non-custodial parent. is it a breech of custody for her not to reside with her child as ordered by the court. and is she intitled to child support.
2 Answers from Attorneys
Re: custodial parent child abandonment
It would seem that circumstance could form the basis for a motion to modify the custody situation. The court could change custody to the father and order the mother to pay child support.
Re: custodial parent child abandonment
First, if I am reading your question correctly, it seems that a non-parent has the physical possession of the children. If that's correct, then yes, both parents can be ordered to pay child support and provide for medical support. Since the prior court order most likely provides the support for the children be paid to her, that issue would need to be adressed in a petition to modify the old order.
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