The mother is unfit due to abuse and multiple affairs. One child is biologically mine but the other is not. I was never able to adopt her due to having to now file for divorce. If she is willing to give up her rights of both children can I legally...
You need to sit down with a lawyer. You first have to terminate one of the parents' relationships to the child if you want to adopt the child. Otherwise you could only shoot for conservatorship, and that may be a long shot. You might be able to terminate on the abuse ground, if mother was abusing the children, or abusing substances, but affairs is not going to do it unless the men are dangerous to the children. Sounds like you may get custody of the biological child and the other child may very well stay with her or go to her family. There are a lot of steps and considerations here - you really need to sit down with a lawyer.See question
hi i did common law marriage in texas 3 years ago, we registered it in county. after one year we separated and both of us live in different states that dont recognize common law marriage as marriage. i live in california and he lives in new y...
I agree with the prior answer. If neither of you live in Texas, you will not be able to get divorced here. You will have to get divorced in your state of residence. Speak with an attorney in your state for a specific answer.See question
My son was born in January of 2010, his father has done nothing these past three years and in February of this year he was ordered to start paying child support (the state filed it on him, I did not). He has not paid it and has no intention to, ye...
I think you mean denying all visitation. There are two ways - the first is very hard. Terminate his parental rights. It is hard because it is against the public policy of Texas (in most cases) to destroy the relationship between a father and son. However, you have the facts that may lead to a termination. At that point, no visitation would occur, the father would no longer have any rights or visitation whatsoever and be unable to get them back in the future without your agreement, and would not pay child support. Another reason this is difficult is because if the child or you use any state resources (medicare/caid, food stamps, any welfare program) the state wants to recoup its money somehow, and the father is the best way. They will intercept tax refunds or use any other method they have available.
The second route is to modify the visitation and possession schedule based on the facts you present. This is easier, and could lead to no visitation until the father attends counseling himself and then with the child, hopefully all on his dime, supervised visitation only, or anything up to what he has now. The benefit - you continue to possibly get child support. The drawback, he maintains his rights and the ability to build into a standard possession order in the future.
Any route you go, you want to get an attorney and a good one, to present your case. Neither route is easy, and it is going to take some time to get it done.
The immediate stop to visitation is the protective order or a temporary restraining order as stated by the other attorney.See question
My boyfriend and a random girl had a son 7 years ago and he and she both agree to have him sign his rights over. Where can I find a form for TX to file ourselves? An attorney would be way to much for us right now and we want to have her sign them ...
You can find forms at a law library. SMU has one, as does the George L. Allen Sr. Courts Building. You are looking for a "Waiver of Parental Rights" or perhaps a "Termination of Parental Rights."
That doesn't solve the real problem for him. A court is unlikely to accept his waiver/termination without additional facts as stated in one of the above answers, or unless another person is stepping in to adopt. That is a whole new process.
At that point, you really will need an attorney, unfortunately. There are those that work on payment plans, or you can try Legal Aid of NorthWest Texas - www.lanwt.org
Good luck.See question
My immigrant spouse and I a divorceing and she says unless I give her spousal support now in state settlement she will sue me in federal court. I am wondering I think this is total blackmail for a settlement from me, we have only been married one...
Divorce cases in Dallas are starting to move more quickly, which just means that you can get a final trial in typically 6 - 9 months, barring extensive discovery and if you push for it.
Sit down with an attorney and discuss the situation. You may likely see allegations of family violence next, as that is one way divorcing spouses that are immigrants can maintain their status in the US. Should this occur, DO NOT SIT BY IDLY. Fight it and fight it hard. Findings of family violence can mess up your life - yes, that is legal talk. But really, it sticks with you and labels you.
If you can come to an agreement on the support, it might be cheaper (before lawyers get involved) to enter into an Agreed Decree of Divorce.
Try sitting down with a lawyer and letting them review the situation. Many offer free initial consultations.See question
My son was given custody in Texas to my ex-mother in law in 04. I was served papers and I called to ask her what they were about and she said I need not attend it was a formality so she could take him to a doctor or daycare, etc and I trusted her!...
First, changing custody is not easy. It can be done, but the non-possessory parent has the burden to prove the change is in 'the best interest of the child,' and at least one court in this case has determined that your ex-mother in law should maintain custody.
Second, it is really hard to tell what your options might be without reviewing the papers in person and sitting down with a lawyer so that they can ask the pertinent questions and get a feel for the case.
Third, until the Court is formally changed, it remains the court of continuing exclusive jurisdiction. This would just be a check-the-box thing since your son has been in California for the past six months (really years). Your ex mother-in-law would file to transfer the case and I don't see a Texas Court refusing that request at this time. Texas would maintain the ability to enter temporary orders pending the transfer, but custody almost never flips at the temporary orders stage.
All in all, sit down with a Texas family lawyer to review the paperwork and facts, then you will likely be hiring a California attorney.See question
I met and married my husband in 2006. At the time, he had two children ages 2 and 3. He claims their biological mother, whom he was not married to, abandoned them when they were 10 and 18 months old. I have wanted to adopt the kids from the beg...
You may have a hard time adopting the children since both parents are still living and neither has terminated their rights to the children. In addition, you would need to serve the mother somehow to have her involved in the process, and with birth mother being in Kenya, that is a problem.
Another interesting facet is that to even apply for conservatorship (not quite being a parent, but many of the same rights and duties) you will need to serve bio mother.
The divorce itself should not involve the children since they are not your biological children, and not "children of the marriage." While his infidelity may play a part in the divorce and division of assets, it does not likely play a part in child-related issues.
Getting someone served in another country is hard, especially if that county is not part of the Hague Convention. I do not know if Kenya is or isn't. You are going to need to flesh this case out with a lawyer and understand what you are trying to do, with regard to the children, is not going to be cheap, but it will be worth it.
Good luck.See question
i already went online and need to take it the divorce paper to the couts to file but i havent seen my husband over 12yrs and have no contact information of his whereabout or his family
The Court (and Texas law) requires you to make a good faith effort to find him. After you can prove that, the Court may allow service by an alternative method, such as publication or through a family member. Recently, an appellate decision showed disfavor on the publication avenue, so it will be interesting to see how that would work now. Occasionally, you can pay a private party to find someone for a couple hundred dollars, and they can come up with a list of possible hits.
It is certainly possible to get the divorce completed, it will just take some time and effort.See question
So basically, I filed for divorce, he filed a waiver of service. On it, it says by signing, you give up all legal rights to this case. So, can I go ahead and finish my divorce paperwork and schedule my hearing? Or, does my husband have to sign...
The answer depends on the language in the waiver. You really need to take the waiver to a lawyer, who can read it very closely and make sure that no further notice would be required. If that is the case, then you no longer need his signature. In Dallas, each court differs on it's policies for entering a final decree, so you need to call the specific court and ask about their policy for the "prove-up hearing," just a quick hearing to finalize your divorce.
If the language does not clearly give up the notice requirement for your husband, you will need to get his signature or go through a contested divorce process.See question
I filed a police report about 6 mo. ago he was charged with class c assualt. He just recently got in trouble again being charged with public intoxication, failure to identify himself to a cop, and disorderly contact (fighting in public) he is figh...
If the assault was a family violence incident, you have a good chance to get Sole Managing Conservatorship. Otherwise, Joint Managing Conservatorship is the norm and you would have the burden to prove why that should not be put in place. Fortunately, SMC and JMC are separate from the possession/visitation schedule.
You need to have a good basis to overcome the presumption that the Standard Possession Order should apply - that means the child could be put in danger due to neglect, violent outbursts, or drug use around the child. You may have the allegations, the next step would be to prove those allegations through drug tests or proper presentation of the criminal cases/outcomes.
Child Support - he is going to have to pay child support. If he quits his job and gets a lower paying job, you can argue he did that just to spite you, and that he is intentionally unemployed. If the court agrees, the court will put in child support based on the higher-paying job. He would get no benefit at that point.
Dallas Courts tend to disfavor supervised visitation, and certainly wouldn't have you being the supervisor if the court granted supervised access. You need to have a list of people you and he can both agree on for supervision - his family, joint friends, someone - and confirm that the person(s) is willing to supervise. This is going to severely limit his time with his son, by the way, just because of the logistics of supervision.
Yes, your son should have a father figure. However, that father figure does need to be someone the child can emulate.
By the way, Texas does not have 'full custody.' I believe you mean sole managing conservatorship, the term used above. Again, that regards rights and duties and is different than the visitation schedule issue.See question