Legal Question in Family Law in Texas
Do I have grounds for parental termination?Have a visitation order in place since Nov.7,2011. Has had a total of 17 visits with the first 5 being supervised due to family violence. 2 kids one a 10yr boy with ADHD,ODD and Autism spectrum and a 7yr old girl with ADHD. They have stated after visitation occurrences of being left in a car alone short/long periods of time, witnessing violence between adults, being called names, made to take glasses off with parent saying wants to see them normal, threatened with leaving in car and spanking, has left marks on both from spanking-reported to cps but didnt become a case, as well as calling names & talking bad about the other parent to them. They both act out at home and school afterwards while has had little to no problems previously.Has never made a full payment when he does send payment its usually around $20 to $30 sometimes nothing at all, i did not file for back payment and is behind $12,000. Do I go for modification to start with considering there is an order?
1 Answer from Attorneys
It is unlikely that a court will terminate his rights merely because he is not visiting and not paying support unless you have a step-parent who will come in and replace the father. You may be able to limit the visitation periods to supervised visits but most judges do not want to leave kids without financial support if it is an option. You are probably better off seeking supervised visits and pursuing enforcement on the child support order to get him caught up on what has been ordered and enforcing the order going forward. I would encourage you to talk to an attorney in your area about modification and enforcement of the existing order.
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