Help??

[Leah Ann]

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

I have a daughter that is 13. Her father has not let me see her in 5 years. When I call he doesnt answer the phone and to prevent any pain to her i have stepd back. Well he is currently is a drug induced coma with a tracheotmy and has had surgery to remove cancer from his mouth. what legal actions can I take?

 

[Silverplum]

From your other thread:
https://forum.freeadvice.com/child-support-98/chid-support-443321.html

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

In the state of Texas does non payment of child support prevent visitation?

 

[Leah Ann]

Was there suppose to be any information in that reply?

 

[CourtClerk]

Well hopefully you can resume visitation when this poor child who has already lost one parent and is in the process of losing another gets settled in the home of someone who petitions the court to watch after her. This person should be a grandparent, aunt or someone else who is a constant in her life.

 

[Ohiogal]

Was there suppose to be any information in that reply?

You could go back to court. Why are you starting different threads over the same issue? Petition the court. Serve dad. have a hearing. Why the heck would you wait FIVE YEARS to try to have a relationship with your child? Is dad remarried? How long has it been since you have not paid court ordered child support? legally, you may have abandoned your child.

 

[Ohiogal]

Well hopefully you can resume visitation when this poor child who has already lost one parent and is in the process of losing another gets settled in the home of someone who petitions the court to watch after her. This person should be a grandparent, aunt or someone else who is a constant in her life.

At this point I vote for stepparent if dad remarried. In other words, the child should remain in the father's home. Dad is NOT dead yet. He could survive. If she did legally abandon her child it is very possible that a stepparent adoption (think service by publication or posting) took place and she is no longer the child's mother.

 

[CourtClerk]

At this point I vote for stepparent if dad remarried.

IF dad remarried, then that would be the best thing for the child. If not, then I vote for grammy, auntie, I may go for the next door neighbor.

 

[Joe38socalif]

Leah Ann ,
To answer your questions, withholding child support is not a bases for disallowing visitation with a child, this holds true in very state.
As for the fathers inability to care for the child is what’s called a significant change of circumstance that warrants the change of custody.
However in the case of not visiting your child in over 5 years is something the court is not going to take kindly too.
If the father is re-married the stepmother may argue that it’s in the best interest of the child to remain with her and the father.
But you must file an emergency order to get into court as fast as you can to get this matter before a judge.
Good luck.

Joe

 

[Silverplum]

Leah Ann ,

To answer your questions, withholding child support is not a bases for disallowing visitation with a child, this holds true in very state.

Genius!
Writing exactly what WE wrote!
So very smart.

As for the fathers inability to care for the child is what’s called a significant change of circumstance that warrants the change of custody.

Is it?
Cite the TX law, Advisor-joe.

However in the case of not visiting your child in over 5 years is something the court is not going to take kindly too.

Again with the genius.

If the father is re-married the stepmother may argue that it’s in the best interest of the child to remain with her and the father.

Again, more genius.

But you must file an emergency order to get into court as fast as you can to get this matter before a judge.

Tell her how much the judge will appreciate her lack of CS payments paired with "ability" to file for emergency custody.

 

[Humusluvr]

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

I have a daughter that is 13. Her father has not let me see her in 5 years. When I call he doesnt answer the phone and to prevent any pain to her i have stepd back. Well he is currently is a drug induced coma with a tracheotmy and has had surgery to remove cancer from his mouth. what legal actions can I take?

You could stepd back, again. Now would be the STUPIDEST possible time for you to start acting up. Wait til dad is better. Karma would NOT be kind to someone who waited until a responsible parent was sick and then began a battle. I shudder to think...

 

[calidad]

Joe38socalif

i am a new member and have been "scolded" a couple of times already in just a few days!

Who am I or anyone else for that matter to complain when seeking help? especially help that normally runs about $350 and hour here in CA?

If you seek help there is no place to be offended when told the HONEST TRUTH about your behavior.

IMO If your feelings get hurt an "Attorney Law" board is no place to seek advise, as they try and give the best, honest answer pertaining to ones situation.

Good Luck!

 

[Zephyr]

Leah Ann, check your messages in your profile

 

[Zephyr]

You could go back to court. Why are you starting different threads over the same issue? Petition the court. Serve dad. have a hearing. Why the heck would you wait FIVE YEARS to try to have a relationship with your child? Is dad remarried? How long has it been since you have not paid court ordered child support? legally, you may have abandoned your child.

She said she stepped back to eliminate conflict for the child

 

[Ohiogal]

She said she stepped back to eliminate conflict for the child

You can step back without stepping out. The problem is it may be legally considered abandonment -- what is her excuse for not paying child support and for how long hasn't she paid? Was that also to eliminate conflict?