What would you do If a non-custodial parent is not invovled?

Question

What would you do when a non-custodial parent has not been involved in their child's life in over two years? State of Texas says I can't move to another state until I get the non-custodial's parent's permission. Can I ask that the rights of the non-custodial parent be removed? I haven't any family in the area & would like very much to move out of state. All of my family lives up north. My ex does have his wages garnished & does not pay medical insurance. Our child is now 13 & I feel family is very important at this age. We have been divorce for 8 yrs now. He has not phoned our child or written in two years. Please be blessed & bless me with your wisdom.

Answer 1

You would need to check specifically your state laws, but child support is considered contact, so abandment would not work.  Google Texas Termination of Parental Rights to see if you meet any of the requirements, but you do not want to do this without an atty becuase if not done right, it can be overturned.  Since dad is not visiting the child, you have a good chance of the judge allowing you to move.  

Please double check but I believe you would have to notify the court and the ex of your intent to move and he has so many days to contest it, if he doesn't contest it, you are free to leave.  But be able to prove you tried to notify him.  Get a free consult to make sure you do everything right.  Good luck.

Answer 2

take that before a judge, you'll probably get premission.

Answer 3

Present this information to a judge, he will most definately grant you persmission to move.  Make sure to go to the court house and ask for the correct papers to file this.  Don't get a lawyer they are a waste of money.

Answer 4

You can't terminate his paternal rights unless your ex consents and someone else is willing to adopt your child.  

You should use the child support as leverage.  I'm willing to bet he will sell his child for the low price of child support.  Tell him if he gives you permission to leave the state you'll drop the child support.  Anything you need that he refuses (like a signature or permission), threaten to reinstate child support.

Works like a charm.

Answer 5

I'm not sure if this is a state to state thing or a national law, but I know where I live if the non custodial parent has not had any contact with their child in 2 years, the custodial parent can have the other parent's rights removed.  Talk to a Judge and get it taken care of and you can move wherever you wish.

NO CONTACT means NO CONTACT.  No visits, phone calls, or even a card in the mail.  But if 2 years go by, they lose their parental rights if the custodial parent asks for them to be removed.  Then, if you happen to remarry down the line if you wish for your husband to adopt your child(ren) he can.

Good luck.

Answer 6

Speak to a lawyer in divorce and custody matters in your county,. This is a highly chraged and very speficific question. My gets tell me that that part can be set aside.

Answer 7

Check with your state in regards to abandonment. I believe you may fall under this category and you may be okay to just do as you please without his permission. But you MAY have to go through a judge to cover your ***! I’m pretty sure you’d be okay to do this….

** ADD **

I just read something that said if he's paying child support it can be considered a form of contact, therefore bumping you out of abandonment. But I'm still looking....