Legal Question in Family Law in Texas
custody rights
My son has a daughter who he gets to see on week-ends and holidays.He pays child support through the courts.His ex girlfriend and him were never married or lived together.In his support papers it states he pays an extra 20.00 a month to the state and his daughter will be provided with medicaid.The childs mother does not want to use medicaid so she is going to sign a power of attorney over to her parents for the child so that her parents can get insurance for the child at her grandfathers work.What legal rights does my son have to stop this from happening?Can the mother of the child sign a power of attorney wiyhout my sons o.k.?Also in the future what rights does my son have as far as making decisions for his child.Does the mother get to make all decisions concerning the child or does it have to be joint decisions?
2 Answers from Attorneys
Re: custody rights
Joint decisions are not required. If your son wants more rights to the child, he will have to show the court that he is entitled to those rights. If he has insurance for the child, he can put her on his policy.
Re: custody rights
The current court orders control. Your son needs to read them carefully. If he would like to modify the current orders, he needs to hire an attorney to do so.
FYI: In your son's case, the Texas Attorney General's office will now only look to increase his child support. He will need to hire a private attorney to modify the parental duties and responsibilities.
I'm not sure what the Mother is doing. Is she giving her parents "custody" of the child with a power of attorney? Many insurance policies require the child to live with the grandparents full time or for them to be the child's conservators.
You cannot transfer custody of a minor child with a power of attorney.
If the grandparents are raising the child, then the father can go back to court claiming that there is a change of circumstances and ask the court to allow him to become the parent who determines where the child lives.
Your son cannot force her to use insurance. However, he must keep copies of everything to prove that he's done exactly as he was ordered to do.
If you have any other questions, have him call me.
www.familylaw4u.com
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