Child Custody

[jolina ayers]

My husband and I have Temporary Full Custody of his two children ages 7 and 5 since 9/23/98. It's been an on-going legal battle for two years. His ex lives in Texas and has not contacted the children since 11/16/00. She hasn't sent Christmas or Birthday presents also. Her mother and I have become very good friends, she contacted her daughter to find out why she hasn't contacted them (our comunication with her are non-existant) She said that she will not be calling or seeing them anymore, when they get older they can contact her if they wish. She does pay child support (195.00 per month). The children seem happier and calmer since she does'nt contact them any longer. My question is: We want Permanent Full Custody and are willing to give up the child support if she would sign the papers. We live in Alabama and need to know if there is laws about child abandoment. Our lawyer in Texas says that she can continue to pay the child support without signing the children over to us because there are no abandoment laws in Texas. PLEASE HELP!!

 

[LegalBeagle]

My husband and I have Temporary Full Custody of his two children ages 7 and 5 since 9/23/98. It's been an on-going legal battle for two years. His ex lives in Texas and has not contacted the children since 11/16/00. She hasn't sent Christmas or Birthday presents also. Her mother and I have become very good friends, she contacted her daughter to find out why she hasn't contacted them (our comunication with her are non-existant) She said that she will not be calling or seeing them anymore, when they get older they can contact her if they wish. She does pay child support (195.00 per month). The children seem happier and calmer since she does'nt contact them any longer. My question is: We want Permanent Full Custody and are willing to give up the child support if she would sign the papers. We live in Alabama and need to know if there is laws about child abandoment. Our lawyer in Texas says that she can continue to pay the child support without signing the children over to us because there are no abandoment laws in Texas. PLEASE HELP!!

What action is outstanding in TX ?? You do not need her permission. You have had the children for so long that it is highly unlikely a judge would take them away just because she changes her mind. If there are no current petitions in TX then get an attorney in Alabama, file for sole custody with the current CS as is.

 

[jolina ayers]

Adoption of children

The current petition gives her visitation every other weekend plus phone calls on Wed. & Sun.. We do have an attorney in AL. We will be filing for sole custody. The other concern I have is: I want to adopt the children, they consider me as their mother and I have been raising them for over two years, they do not want to go back with her. We are afraid that she will not give up her legal rights to them because she does not like (understatement) me. I'm concrened that if something would happen to my husband that the children will have to go back to her. Can she be forced to give up her rights since she is not having any contact with them?

 

[LegalBeagle]

Re: Adoption of children

The current petition gives her visitation every other weekend plus phone calls on Wed. & Sun.. We do have an attorney in AL. We will be filing for sole custody. The other concern I have is: I want to adopt the children, they consider me as their mother and I have been raising them for over two years, they do not want to go back with her. We are afraid that she will not give up her legal rights to them because she does not like (understatement) me. I'm concrened that if something would happen to my husband that the children will have to go back to her. Can she be forced to give up her rights since she is not having any contact with them?

In your case, no.