My divorce decree states that my daughter lives with her father. At the age of 5 left her under my care and stopped visiting her. he has not spoken to her in 6 year this includes no phone call or letters, no social media, literally NO contact. we recently filed for her step father to adopt her. he does not want to sign the paperwork. if he decides to make her stay with him do I have to let her go? she will be 17 in april of this year (2017)
You have two separate issues here: (1) Adoption; and (2) Whether you have to obey the present Court Order. The answer to #2 is YES, until and unless you get a new Court Order that supersedes the present one. Since the father hasn't had any contact with the child in six years then a Motion should be filed with the Court seeking for you to have primary physical custody of the child and get child support from the father. There is no way to accurately predict any result, but my opinion is that you would have a reasonable chance to accomplish these objectives. As to #1, adoption can be tough if the father doesn't want to give up his parental rights.
The foregoing answer is submitted for informational purposes, and is not intended as a specific answer to the question posed. Always consult with an attorney prior to signing any and all agreements. The firm of Newman & Ingemi, LLC does not represent you unless and until you enter into a signed Retainer Agreement with the firm.
You are not technically entitled to custody of the child. Hire an attorney to simultaneously prosecute your Petition for Termination and Step Parent Adoption, and get temporary orders for possession if needed.
Accepting cases in Dallas, Denton, Collin and Tarrant Counties. THIS IS GENERAL ADVICE AND DOES NOT REPLACE A PERSONAL CONSULTATION WITH AN ATTORNEY AND DOES NOT ESTABLISH AN ATTORNEY/CLIENT RELATIONSHIP
You need to get family law counsel and file to modify the prior orders. If child support was ordered, you should have terminated it and had him ordered to pay. You still should file to modify after this long. You must serve the other parent and you should get temporary orders. At 16 or 17 her voice must be heard in the process on motion of a party or the court.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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