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Child Abandonment in Texas?
So, the biological father hasn't seen my g/f's daughter since she was 1-week old. He did not assist with any of the medical bills nor pay any child support at the time.
When the child was 2yr I met her mother and have raised her these last 6yrs.
When the child was 4yr the mother's file for child support had finally processed and the bio-father was being forced to pay now by court order. So, technically, he did not pay child support the first 4yrs of the child's life and after that it wasn't done willingly.
The child is 8yr old now and the bio-father has never visited her. However, out of the blue recently we received a message from him. It seems like he may finally be in the "mood" to be the father. He also lives in another state so any visitation would not be frequent.
Can we take him to court and request to deny his visitation rights? Or file for child abandonment? Technically, during the first 4yrs of the child's life he abandoned the child according to law. However, since he was "forced" to pay child support by the courts the second half of the child's life can abandonment still be filed?
If the bio-father lived in town and wanted frequent visits that'd be one thing. I could deal with that. But we know this is going to be one of those "once a year" visits just to put his 2cents in which we don't feel is in the best interest of the child. Of course, this is up to the law, so I was hoping for more info.
The bio-father's parents haven't said anything and we doubt they care. He has, as far as we know, 2-3 kids with 2-3 different women (my g/f included). If he's had more than that the last 8 years I don't know.
He hasn't applied for any visitation orders "yet".
As I said he lives in a different state. I "personally" don't see how a 1-2 visits a year (at most I'm sure) from a bio-father she isn't aware of is in her best interest.
I would gladly adopt her. We still have an email form his miltary email address from early in our relationship where he suggested signing over full custody. I didn't want to do this back then since we had been dating for less than a year and I didn't think it was the right choice at the time. What would have happened if we didnt' work out? She'd have been left with no child support.
We are actually planning to get married and get a house within the next 12-18 months.
4 Answers
- divot IILv 78 years agoFavorite Answer
If there is no visitation order, then there is no visitation order. No order means da momma ain't gotta do no stuff... RS
Source(s): Rocket science. - MarcusLv 78 years ago
NO JUDGE in his/her right mind would let a BOYFRIEND adopt this child and most certainly allow some sort of visitation to the sperm donor.
YOU personally can not take him to court fr ANYTHING unless you want to marry the mother, ask the Bio to give up all legal rights and legally adopt the child then YOU might have a standing in this.
This will be settled in the courts ONLY if Bio decides to pursue the issue and I think you said so far he hasn't.
What you describe is not that uncommon and the courts can handle it rather swiftly.
- lucyLv 78 years ago
Doubtful this would be considered child abandonment, since even no contact in the past, he now wants visitation. Most judges would allow him to see his daughter, since they may believe that it would be in the best interest for the child to have both mom and dad's involvement.
Generally, child support and visitation are 2 different issues. Just because he is forced to pay child support, he is not forced to visit his child. If, I had to guess, if his parents (her grandparents) live in the other state, they want to visit her also?
You might want to consider if he would be willing to let you legally adopt her, and if he did, then all child support would stop, and also his right to see her.
- Anonymous8 years ago
It is he who needs to obtain the visitation order. Frankly I don't think you need to fret too much. How did he contact you? By phone or email? Change the number or address, close down the Facebook and let him wonder why. I doubt you will hear from him again.