Finished2010
Member
What is the name of your state (only U.S. law)? TX
Hello to all, I have a problem and would value everyone's advice and opinions.
I have a nine year old son. Paternity was established in late 2001 and child support was started as well. The court made dad and I joint conservators of our son. Dad never took advantage of his visitation and has remained behind in CS payments throughout the years. In October of 2009 I asked dad for his consent on a application for my sons passport, dad said he would only agree if I waived all support, current and behind. I agreed only if he would sign away all of his right to our son. I consulted an atty in Killeen TX and was told it was perfectly legal and acceptable to do this with a notarized letter. Dad and I met in his City of residence and we did just that. The AGs office told me on three different occasions that the case was closed. All that needed to be done was I had to fill out some papers that were in the mail to finalize all this, but the case was no longer active. I never received such papers. I called the AGs office Friday and was told that I had been terribly misinformed that this is TPR and must be signed by a judge and I would need a private atty who handles such cases. I then phoned dad who says I have to close the CS case. He says if I do not do so he will insist I send my son to him over the summer. My son knows this man is his father but he is in reality no more than a stranger since there has been no contact between my son and his father since 2001 in which dad saw our son at the court house. He says if I refuse to send him I will be in contempt of a court order but can avoid it all if I just close the CS case. He said I have his word that he will not try and enforce his visitation but his stipulations must be met. His wife says that she thinks he should get to know his son and she should know her step son. She said to me that she will encourage dad to take advantage of his summer and I need not worry she would take good care of my child. He then said that I will be liable for all costs of flying my son from here to the states. I will not be flying my child anywhere, please understand my son does not know him. I will fight it every step of the way, dad is not interested only using a child a leverage to get out of child support. What can I do?? Would a judge find me in contempt if I refused to stick my nine year old on a plane to stay with a family he doesn't know?? My husband wants to adopt my son, my son wants the same thing, I want this as well. Is the notarized document a legal agreement between me and dad? Can he enforce rights he agreed was in the child's best interest to terminate? The letter was very well written and included my husbands wishes to adopt and dads feelings that was the best for our son. Do I have any options, I called an atty in San Antonio and cannot afford his services. I just do not have the money at the time. Dad says I have a month to close the case or purchase a plane ticket. Please help
Hello to all, I have a problem and would value everyone's advice and opinions.
I have a nine year old son. Paternity was established in late 2001 and child support was started as well. The court made dad and I joint conservators of our son. Dad never took advantage of his visitation and has remained behind in CS payments throughout the years. In October of 2009 I asked dad for his consent on a application for my sons passport, dad said he would only agree if I waived all support, current and behind. I agreed only if he would sign away all of his right to our son. I consulted an atty in Killeen TX and was told it was perfectly legal and acceptable to do this with a notarized letter. Dad and I met in his City of residence and we did just that. The AGs office told me on three different occasions that the case was closed. All that needed to be done was I had to fill out some papers that were in the mail to finalize all this, but the case was no longer active. I never received such papers. I called the AGs office Friday and was told that I had been terribly misinformed that this is TPR and must be signed by a judge and I would need a private atty who handles such cases. I then phoned dad who says I have to close the CS case. He says if I do not do so he will insist I send my son to him over the summer. My son knows this man is his father but he is in reality no more than a stranger since there has been no contact between my son and his father since 2001 in which dad saw our son at the court house. He says if I refuse to send him I will be in contempt of a court order but can avoid it all if I just close the CS case. He said I have his word that he will not try and enforce his visitation but his stipulations must be met. His wife says that she thinks he should get to know his son and she should know her step son. She said to me that she will encourage dad to take advantage of his summer and I need not worry she would take good care of my child. He then said that I will be liable for all costs of flying my son from here to the states. I will not be flying my child anywhere, please understand my son does not know him. I will fight it every step of the way, dad is not interested only using a child a leverage to get out of child support. What can I do?? Would a judge find me in contempt if I refused to stick my nine year old on a plane to stay with a family he doesn't know?? My husband wants to adopt my son, my son wants the same thing, I want this as well. Is the notarized document a legal agreement between me and dad? Can he enforce rights he agreed was in the child's best interest to terminate? The letter was very well written and included my husbands wishes to adopt and dads feelings that was the best for our son. Do I have any options, I called an atty in San Antonio and cannot afford his services. I just do not have the money at the time. Dad says I have a month to close the case or purchase a plane ticket. Please help
