Legal Question in Family Law in Texas
Hello. My divorce is out of Texas. We have a court order where the children reside with me but joint custody. The father is supposed to get our children one whom is special needs every summer and he does not. Child support is being garnished. He is required per court order to make arrangements with me for pickup and no later than 2 weeks to the date. He has done neither the past few years leaving my children to tears. Isn't this a violation of court order ? I know you can't force some one to be a dad but legally are there consequences ? In New Jersey there is a law that charges parents with abandonment for not following court ordered visitation. My court order says if the orders aren't followed we are both subject to jail time and fines but it wasn't more specific. Please advise. He did fly by the house once for a 5 minute photo op and to ask me for sex (never gonna happen) but that is all. Thank you
2 Answers from Attorneys
If you read your order carefully, it ORDERS you to surrender the child (under certain circumstances) but it never ORDERS Dad to exercise visitation. Most Dads "abuse" their visitation by NOT exercising it.
In Texas, if Dad simply stays away (but pays his child support), it isn't considered to be "abandonment."
You are not in NJ .
If you are unhappy then ask judge to raise child support because you support the kids 100% of the time.
I hope this helps.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
