legal rights to child and possible abandonment

[hambirg]

What is the name of your state (only U.S. law)? Texas

An issue came up on another board and I'm wondering about the legality of this.

The OP's sister, who was married for 21 years, moved out on her husband and son. It was apparently a surprise to everyone. This happened last month and this woman is in a new relationship. She wants to bring this new love interest to her sister's for the big Christmas dinner. She has basically told her sister, if they don't welcome her new lover, she will just go out of town with the new flame and take her son with her.

Sooo. .. my question is what are her legal rights to her son? He is still living with the Dad. I feel like she basically abandoned him. There apparently hasn't been any type of legal action yet. . .nobody's began divorce proceedings yet, etc.

 

[WittyUserName]

What is the name of your state (only U.S. law)? Texas

An issue came up on another board and I'm wondering about the legality of this.

The OP's sister, who was married for 21 years, moved out on her husband and son. It was apparently a surprise to everyone. This happened last month and this woman is in a new relationship. She wants to bring this new love interest to her sister's for the big Christmas dinner. She has basically told her sister, if they don't welcome her new lover, she will just go out of town with the new flame and take her son with her.

Sooo. .. my question is what are her legal rights to her son? He is still living with the Dad. I feel like she basically abandoned him. There apparently hasn't been any type of legal action yet. . .nobody's began divorce proceedings yet, etc.

It's jerky behavior, but it's not illegal. She didn't abandon him, the kid is with Dad. And Dad apparently doesn't care enough to start the divorce proceedings. Sounds like random family drama played out on the Internet.

 

[hambirg]

It's jerky behavior, but it's not illegal. She didn't abandon him, the kid is with Dad. And Dad apparently doesn't care enough to start the divorce proceedings. Sounds like random family drama played out on the Internet.

Ok. . .I was just looking up Tx code. and she's not anywhere near what would be considered abandoning him. I just wasn't clear how they defined that.

And yes, it's a real mess. She's a piece of work. She is basically using the sister's as a place to come out to her family. I told the sister to just tell her no. Lol. As far as the Dad, I think he's still frozen in a state of shock.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

An issue came up on another board and I'm wondering about the legality of this.

The OP's sister, who was married for 21 years, moved out on her husband and son. It was apparently a surprise to everyone. This happened last month and this woman is in a new relationship. She wants to bring this new love interest to her sister's for the big Christmas dinner. She has basically told her sister, if they don't welcome her new lover, she will just go out of town with the new flame and take her son with her.

Sooo. .. my question is what are her legal rights to her son? He is still living with the Dad. I feel like she basically abandoned him. There apparently hasn't been any type of legal action yet. . .nobody's began divorce proceedings yet, etc.

She has just as much right to the child as dad does at this point. However, with a 21 year marriage I am assuming that this is not a really young child?

Its sad, but even with a long term marriage, split ups happen, and they do end up seeing other people. Their families end up having to accept that or accept no relationship with the person.

Heck, if this was due to cheating or is a rebound situation they might not even still be together by Christmas.

 

[hambirg]

She has just as much right to the child as dad does at this point. However, with a 21 year marriage I am assuming that this is not a really young child?

Its sad, but even with a long term marriage, split ups happen, and they do end up seeing other people. Their families end up having to accept that or accept no relationship with the person.

Heck, if this was due to cheating or is a rebound situation they might not even still be together by Christmas.

Yes, the child is 15. And yes, it was an obvious cheating situation.

I'm wondering if it would be wise for Dad to hoof it down to the court house, file for legal separation, and establish some kind of visitation order. I'm not sure how divorce works in Texas. Is that possible? Wouldn't Dad have the upper hand given the situation. . .or not?

The sister is really concerned about the nephew. He's the kind of kid that has some social problems and it's been difficult for him.

 

[stealth2]

So this is a situation where the OP is a third party, and you are even further removed? Dad needs to ask his own questions, wherever he wants to ask them.

 

[hambirg]

Fair enough. I did say I was just wondering. I'm curious by nature. . .go figure. But thanks everyone. It's more clear now.

 

[Indiana Filer]

Are you the OP on the Dis thread?

 

[hambirg]

Are you the OP on the Dis thread?

No. But it seems like 99% of the people there are not interested in the actual legality of the situation and only more interested in their own personal opinions. My brother is an attorney. . .I'm always interested in the actual legalities. As I know, the actual law sometimes surprises people. I think I should have been a lawyer instead of a PT. .. law still intrigues me. LOL!

BTW. .are you a poster there? The thread has totally gotten out of hand. Some people's ethics really surprise me sometimes.

 

[mistoffolees]

No. But it seems like 99% of the people there are not interested in the actual legality of the situation and only more interested in their own personal opinions. My brother is an attorney. . .I'm always interested in the actual legalities. As I know, the actual law sometimes surprises people. I think I should have been a lawyer instead of a PT. .. law still intrigues me. LOL!

Wow, it didn't take you long to start with the accusations.

If your brother is an attorney, go ask him rather than wasting the time of the volunteers on this site.

 

[LdiJ]

Wow, it didn't take you long to start with the accusations.

If your brother is an attorney, go ask him rather than wasting the time of the volunteers on this site.

He was dissing posters from another site, not this one.