What Rights Does a Parent Have After 10 Years With No Contact
My question involves a child custody case from the State of: Tx
Spent several years trying to help the drug addicted mother of my two children (we were not married). She was arrested several times, once while she had the then toddlers with her, she spent several extended stays in county jails and eventually on to state prison. I had started proceedings in court but once she went to prison things just got quiet. 11 years has now gone by and even though she has been out for many years we have not heard from her even though we were easily findable. Children are now 14 and 16 and have no idea who she is, youngest was just over a year old when this first started. She recently contacted me and requested to see them but the children are not interested in seeing her, she is now threatening legal action, what ground does she have to stand on.
I've had same job for 13 years, no record and good income, she has never had a job for more than a month, extensive record and basically abandoned the children. I already have an appt with an attorney, just wanted other opinions.
Re: What Rights Does Parent Have After 10 Years No Contact
Unless her parental rights have been terminated, Mom still has the right to file for visitation and to pay child support.
Re: What Rights Does Parent Have After 10 Years No Contact
Yes I forgot to mention not a cent of child support was and never has been paid. Concerns of past/possibly current behavior and emotional stress to the children that have no idea who she even is worry me.
Re: What Rights Does Parent Have After 10 Years No Contact
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Tx450
Yes I forgot to mention not a cent of child support was and never has been paid. Concerns of past/possibly current behavior and emotional stress to the children that have no idea who she even is worry me.
You don't get to make that decision. As pointed out unless rights have been terminated she has the right to file for visitation and/or custody. Whether or not she has been involved or has paid any support is largely immaterial. Your allegations of "stress" isn't going to stop visitation in most cases.
Re: What Rights Does Parent Have After 10 Years No Contact
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Tx450
My question involves a child custody case from the State of: Tx
Spent several years trying to help the drug addicted mother of my two children (we were not married). She was arrested several times, once while she had the then toddlers with her, she spent several extended stays in county jails and eventually on to state prison. I had started proceedings in court but once she went to prison things just got quiet. 11 years has now gone by and even though she has been out for many years we have not heard from her even though we were easily findable. Children are now 14 and 16 and have no idea who she is, youngest was just over a year old when this first started. She recently contacted me and requested to see them but the children are not interested in seeing her, she is now threatening legal action, what ground does she have to stand on.
I've had same job for 13 years, no record and good income, she has never had a job for more than a month, extensive record and basically abandoned the children. I already have an appt with an attorney, just wanted other opinions.
Mom would have every right to file for visitation (and would be ordered to pay child support). The children are old enough that their wishes might be taken into consideration since she has been gone for 11 years, however you cannot count on that. I have seen a few cases where judges have declined to order visitation and/or left visitation up to the teenager, when their parent was a total stranger to them. However when I say a few, I mean maybe three or four in the last 10 years.
Re: What Rights Does Parent Have After 10 Years No Contact
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llworking
I have seen a few cases where judges have declined to order visitation and/or left visitation up to the teenager, when their parent was a total stranger to them.
In Texas?
Re: What Rights Does Parent Have After 10 Years No Contact
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CourtClerk
In Texas?
I do not recall. None of the cases were in the same state. In every case it was a teenager or teenagers whose parent had been absent long enough that they were a total stranger to the child. In each case the teenager was very vocal about their wishes, articulated them clearly, and apparently convinced the judge that there was reason, rather than just whim, behind their wishes. Like I said, its very rare so the OP should not count on it.
Re: What Rights Does Parent Have After 10 Years No Contact
OP, have you told the children who their mother is (legally, actually)?
Re: What Rights Does Parent Have After 10 Years No Contact
Yes, sat them down several years ago and explained the circumstances, they have no desire for contact.
Re: What Rights Does a Parent Have After 10 Years With No Contact
She may, of course, file to seek custody (which she won’t get) and/or visitation (which she might get, but you likely can get the court to order that the visits be supervised, at least at first). The kids’ views can be taken into account by the court. It takes a lot for a court to say that a parent cannot have any contact with the child at all unless the court is at the same time terminating the parent-child relationship. As long as that relationship has not been terminated she retains a right to have visitation/custody and to try to foster a relationship with her kids. She also remains obligated to pay support, but the support and visitation/custody issues are separate and the failure to pay support does not allow you to cut off any court ordered visitation.