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Texas Abandonment

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newtothisinTX

Junior Member
What is the name of your state (only U.S. law)? TX

I have a 12 year old son for whom I have just filed for child support for the first time. I got involved with his father when I was 16 and he was 26. He knows about his son, but has never given me any money or support otherwise. He was very abusive and I ended up getting out of the relationship very scared of him. I didn't file for child support for fear of making him even angrier. Thankfully he has left us alone for the past 11 years now. After all this time and and knowning he now lives halfway across the country I finally filed for child support. I know I have the right to have child support and he shouldn't deny my son more chances with the money I should be getting (college fund, summer camps, sports, ect). However, I'm so scared that he will try to get visitations with my son just to spite me for filing. Is there any way I can stop this? I vaguely remember an abandonment law in Texas stating if the parent didn't pay child support or try to contact his/her child in so many years, you could file to have their parental rights taken away. Does anyone know anything about this? Do you know anything else I could do to make sure he doesn't try to hurt my child to spite me? I have a meeting at the Attorney General's Office on Wednesday. Thank you so much!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? TX

I have a 12 year old son for whom I have just filed for child support for the first time. I got involved with his father when I was 16 and he was 26. He knows about his son, but has never given me any money or support otherwise. He was very abusive and I ended up getting out of the relationship very scared of him. I didn't file for child support for fear of making him even angrier. Thankfully he has left us alone for the past 11 years now. After all this time and and knowning he now lives halfway across the country I finally filed for child support. I know I have the right to have child support and he shouldn't deny my son more chances with the money I should be getting (college fund, summer camps, sports, ect). However, I'm so scared that he will try to get visitations with my son just to spite me for filing. Is there any way I can stop this? I vaguely remember an abandonment law in Texas stating if the parent didn't pay child support or try to contact his/her child in so many years, you could file to have their parental rights taken away. Does anyone know anything about this? Do you know anything else I could do to make sure he doesn't try to hurt my child to spite me? I have a meeting at the Attorney General's Office on Wednesday. Thank you so much!
Parental rights generally have to be established before you can have them terminated (for abandonment - although there are some exceptions to this) and if there is no child support order Dad isn't under any obligation to pay a single cent.

If you do file for child support, he does have the right to file for custody and visitation. Without a good reason he'll generally be awarded visitation at the very least.
 

Humusluvr

Senior Member
What is the name of your state (only U.S. law)? TX

I have a 12 year old son for whom I have just filed for child support for the first time. I got involved with his father when I was 16 and he was 26. He knows about his son, but has never given me any money or support otherwise. He was very abusive and I ended up getting out of the relationship very scared of him. I didn't file for child support for fear of making him even angrier. Thankfully he has left us alone for the past 11 years now. After all this time and and knowning he now lives halfway across the country I finally filed for child support. I know I have the right to have child support and he shouldn't deny my son more chances with the money I should be getting (college fund, summer camps, sports, ect). However, I'm so scared that he will try to get visitations with my son just to spite me for filing. Is there any way I can stop this? I vaguely remember an abandonment law in Texas stating if the parent didn't pay child support or try to contact his/her child in so many years, you could file to have their parental rights taken away. Does anyone know anything about this? Do you know anything else I could do to make sure he doesn't try to hurt my child to spite me? I have a meeting at the Attorney General's Office on Wednesday. Thank you so much!
Maybe he wants to get to know his son, which he has every right to do. If you file, or even if you decide not to, he can still get visitation. You could have gotten abandonment, if he never paid and never saw him. But if he starts paying once he is ordered to, unless he's a felon, and even then, he still has rights.
 

Just Blue

Senior Member
I have all rights to my 6 year old grandson. I have since 2003. The parents have visitation and are suppose to pay child support. They have only paid $25 total and was ordered to pay $25 per week. They only visited 3 times last year and have only visited 3 times this year. They have missed the last two birthdays. Can I file abondment and adopt the child? This child has FAS, ADHD, blood disorder and Prevasive Developmental Disoder. Not visiting or following through seems to be hurting the child more than the time they visit. Thank you for your help.. also the parents signed over their rights for us to adopt 2 different times and then changed their mind at the last minute at the last minute.
Start your own thread please.
 

stealth2

Under the Radar Member
I have all rights to my 6 year old grandson. I have since 2003. The parents have visitation and are suppose to pay child support. They have only paid $25 total and was ordered to pay $25 per week. They only visited 3 times last year and have only visited 3 times this year. They have missed the last two birthdays. Can I file abondment and adopt the child? This child has FAS, ADHD, blood disorder and Prevasive Developmental Disoder. Not visiting or following through seems to be hurting the child more than the time they visit. Thank you for your help.. also the parents signed over their rights for us to adopt 2 different times and then changed their mind at the last minute at the last minute.
Please start your own thread, rather than hijacking this one. Thanks!
 

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