I am the custodial parent and non custodial does not see her, pay child support, provide health insurance as ordered by court. He is frequently in and out of jail. How can I get a passport to take her on vacation? he will not give consent. Can my ...
In order for your husband to adopt your child, you will need to have your child's biological father (your ex-husband) terminated as a conservator. Specifically, you will need to file a Motion to Terminate the Parent-Child Relationship and will probably also want to pursue adoption proceedings concurrently. Based on the information you provided, you may be able to bring a successful termination suit. The Texas Family Code states that grounds for termination include non-payment of support for one year, voluntary abandoning your child for more than 6 months, being incarcerated for more than 2 years, etc. See Texas Family Code Section 161.001(1) - you can find the Family Code at http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm.
As for the passport, you will need to consult your final decree of divorce to see whether it contains passport provisions. If it does not, or if it says you may apply only by agreement, then you may want to file a modification action to allow you the sole right to apply for the passports.
My strongest advice would be for you to consult a family law attorney in your area who can discuss grounds for termination in more detail and who can help you interpret your decree and assist you with the passport issue.
Good luck!See question
My son does not want to visit his "legal" father. He is almost 10 and he has a relationship with his Biological father and I remarried and he has a relationship with him as well. My ex adopted my son when he was 2 and now that he doesn't want t...
First, get out your final decree of divorce or most recent child custody order presently in effect. If there have been no modifications since your divorce, the pertinent information should be contained in your final decree of divorce.
Go through the various child related provisions. There should be a few pages taken up with language regarding the "rights and duties" regarding your son. Review that section and look for language that looks something like, "the right to consent to psychiatric and psychological treatment of the child." This right can be given to both parents or to one parent.
This right can be "by agreement," which means your ex cannot take your son to a psychiatrist without your agreement. This right can be "independent," which means your ex can take him to a psychiatrist if he wants to and so can you and you do not need permission from the other parent. This right can also be "exclusive" to you or to your ex. If it is exclusive, then only that parent has the right to your son being taken to a psychiatrist.
1) [Mother/Father] has the right, subject to the agreement of the other parent, to consent to psychiatric and psychological treatment of the child.
2) [Mother/Father] has the independent right to consent to psychiatric and psychological treatment of the child.
3) [Mother/Father] has the exclusive right to consent to psychiatric and psychological treatment of the child.
If your order says #1 & #3, I would inform your ex, in writing, that he does not have your permission to take the child to a psychologist or psychiatrist. If he plans to do it anyway, I would consult with a family law attorney. If your order says #2, you may want to consider filing a modification suit to get that changed. Again, I would consult a family law attorney.
If your order does not seem to say any of these things, then I suggest that you go to a family law attorney who can help you figure out the provisions of your decree or get the proper provisions in place.
Good luck!See question
My child's father and I were never married, and there is no custody agreement in place between us. He sees our child when ever I agree to it. I have recently been told that I have to relocate for work. Can he stop me from leaving? What is the time...
Technically, there is no law that says you cannot take your child from the State of Texas while you do not have a custody order in place (i.e., an "Order in Suit Affecting the Parent-Child Relationship" or "Visitation Order" or "Parenting Plan" as contained in a Final Decree of Divorce). There are, however, various actions your child's father could take to cause you to return the child. Before or after you leave, he could file suit to acquire a custody order restricting your child’s residence to a geographical area. At that time, he could request a judge to grant a restraining order to prevent you from changing the child’s residence or, if you’ve already changed his residence, an order that puts a geographical restriction on the child’s residence that essentially forces you to move back. This can happen, but will not absolutely happen — this will depend on the facts of your case, the judge who hears the case, etc. I suggest that before leaving, you meet with a family law attorney and discuss the pros and cons of leaving without telling your child's father or having his permission.See question