Legal Question in Family Law in Texas

filed for divorce 18 months ago and it became dismissed. During this time my spouse has made no contact with we or our son (we live 15 minutes apart from each other). Last month he calls and tells me he wants to help with child support. We go to the AG office and file support, I do not ask for back support because he gave me a sob story about how he hasn't been working and bills are tight. He lives with his parents and got fired for failing a random drug test. He also has a girlfriend now of two months. Can I file for abandonment to claim rights to our son? He hasn't paid the November statement for child support. Should I file abandonment uncontested for divorce.


Asked on 11/20/16, 7:53 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Forget about "abandonment." Your circumstances don't qualify.

However, you can go ahead and file for divorce. your divorce lawyer will consolidate the child support case into the newly-filed divorce action.

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Answered on 11/23/16, 1:15 pm


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