Legal Question in Family Law in Texas

I am single mother of two. I want to gain sole custody of my two children, for their father fails to provide or have any interaction with them. There is court ordered child support, but he doesnt pay. Ive asked him to just sign over his rights but he said no. He first said that he would gladly sign them over, but only if I terminiate his child support. I agreed. I called the Attorney General and was told that I could not terminate his child support order because he was in arrears. Now that they won't let me terminate the order, he won't sign over his rights. Is there ANY way that I could win sole custody? The father lives in a differen state, we don't have an address, nor a number on him. His wife changed their number, so we haven't had any contact in months. I don't want his money or anything.I just want sole custody of my children. What can I do?


Asked on 1/07/12, 1:28 am

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

The court order that requires him to pay child support has established some kind of conservatorship. What is it? Do you have joint managing conservatorship? If so, what do you think will change if you have "sole" custody?

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Answered on 1/07/12, 8:02 am
Keith Engelke Law Office of S. Keith Engelke

I agree. If you are the managing conservator, the children live with you. Their father has the duty to make child support payments. He does not have a duty to visit them.

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Answered on 1/07/12, 9:09 am


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