Legal Question in Family Law in Texas

A Fathers Rights
A friend of mine who has been married and living in Texas for the last 5 yrs has recently just moved back to California. His wife allegedly has filed for a divorce and informs him that he will never see his 2 kids. He has only been back in California for a week and he did attempt to call and speak with his kids. However, she refused to allow him to talk to them or answer any questions regarding thier well-being. She left him a message telling him that she can file the file without having him served and that he has lost all of his parental rights due to ''abandonment''. Can you please tell me this if this is true and maybe define for him what his rights as a father are.

Thank you

Asked on 11/14/05, 4:46 am

2 Answers from Attorneys

TC Langford Langford Law Office

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Re: A Fathers Rights

First of all, one week gone does not constitute abandonment. Secondly she cannot get a court order without notice, however, if she lies and says his whereabouts are unknown, the notice can be posted at the courthouse, and he will never have actual knowledge of the lawsuit. I do not know California law, and do not know what length of time is required to establish residency in that state in order to file a lawsuit there. Most courts will require the case be heard in the state and county of residence of the child, although there are exceptions. The easiest, best solution for him, is to beat her in the race to the courthouse, file a petition in the county of the child's residence, and sue to protect his parental rights and obligations. TCL

Answered on 11/14/05, 3:55 pm

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