Custodial move away

[ElsiSharp]

What is the name of your state (only U.S. law)? TX

I pay child support for a 5yr old son. I have not had contact with son or with mom since the child was born more or less. (I have seen my child around the age of 1 and younger for brief moments) Since then I have not been in the childs life.

For reasons that are my own, I recently filed for a custody and visitation hearing. We currently have NO custody or visitation agreement, and I am probably not on the birth certificate. I have reason to believe she is moving to Riverside, California as the place she works for can give her a job at a location near there. I have reason to believe this is because of my filing, and because we have no current agreement, that she is trying to put miles between me being in the picture. She currently only lives hours away in state. The court doesn't seem to be in a hurry to see this case. Her attorney could argue for a continuance...

Two weeks ago I received a piece of certified mail with a template for a consent to adoption. She typed up a cover letter to this template basically trying to say her husband would like to adopt, she will end child support, etc.

So my question is....is there ANY ability to gain an emergency hearing when there is nothing but a child support order in place?

 

[mistoffolees]

Were you married when the child was born? If not, you need to establish paternity before you can do anything. I'm guessing that this part is taken care of because you have a child support order.

Next step, you are unlikely to be able to stop her from moving. You've had no part of the child's life - EVER - so it's going to be hard to convince a court that it's better for the child for you to keep Mom from getting a good job and move on with her life. There is very, very little chance that you can prevent the move.

You don't have to consent to adoption. You can file for a visitation plan and be a part of the child's life. However, due to your lack of contact, any visitation is likely to be very limited, at least at first, and long distance.

Or you can agree to adoption and not have any further responsibility.

No one can tell you which one to choose.

 

[Proserpina]

What is the name of your state (only U.S. law)? TX

I pay child support for a 5yr old son. I have not had contact with son or with mom since the child was born more or less. (I have seen my child around the age of 1 and younger for brief moments) Since then I have not been in the childs life.

For reasons that are my own, I recently filed for a custody and visitation hearing. We currently have NO custody or visitation agreement, and I am probably not on the birth certificate. I have reason to believe she is moving to Riverside, California as the place she works for can give her a job at a location near there. I have reason to believe this is because of my filing, and because we have no current agreement, that she is trying to put miles between me being in the picture. She currently only lives hours away in state. The court doesn't seem to be in a hurry to see this case. Her attorney could argue for a continuance...

Two weeks ago I received a piece of certified mail with a template for a consent to adoption. She typed up a cover letter to this template basically trying to say her husband would like to adopt, she will end child support, etc.

So my question is....is there ANY ability to gain an emergency hearing when there is nothing but a child support order in place?

Why do you think this is in the child's best interest?

 

[CourtClerk]

If there is a step dad willing to adopt and mom wanted to pursue it, she could push for an involuntary termination of parental rights on the basis of (because TX allows for it) extreme parental disinterest. She's got a case.

 

[Proserpina]

If there is a step dad willing to adopt and mom wanted to pursue it, she could push for an involuntary termination of parental rights on the basis of (because TX allows for it) extreme parental disinterest. She's got a case.

Frankly that's what I'd be doing.

 

[Artemis_ofthe_Hunt]

Frankly that's what I'd be doing.

Me too.... Sorry, OP, but you've wasted 5years in which you could have had a part of this childs life. You CHOOSE not to, by your own admission. Why would you think, after this long, that you'd even have a SHOT at getting custody? Seriously.

 

[acmb05]

What is the name of your state (only U.S. law)? TX

I pay child support for a 5yr old son. I have not had contact with son or with mom since the child was born more or less. (I have seen my child around the age of 1 and younger for brief moments) Since then I have not been in the childs life.

Why not?

For reasons that are my own, I recently filed for a custody and visitation hearing. We currently have NO custody or visitation agreement, and I am probably not on the birth certificate. I have reason to believe she is moving to Riverside, California as the place she works for can give her a job at a location near there. I have reason to believe this is because of my filing, and because we have no current agreement, that she is trying to put miles between me being in the picture. She currently only lives hours away in state. The court doesn't seem to be in a hurry to see this case. Her attorney could argue for a continuance...

The family courts are backed up for months at a time

Two weeks ago I received a piece of certified mail with a template for a consent to adoption. She typed up a cover letter to this template basically trying to say her husband would like to adopt, she will end child support, etc.

This is a personal question you will have to ask yourself whether you want to do this or not

So my question is....is there ANY ability to gain an emergency hearing when there is nothing but a child support order in place?

You can ask for one, but no guarantee it will be granted.

 

[acmb05]

Me too.... Sorry, OP, but you've wasted 5years in which you could have had a part of this childs life. You CHOOSE not to, by your own admission. Why would you think, after this long, that you'd even have a SHOT at getting custody? Seriously.

He probably does not, but he has a good chance at a gradual visitation schedule.

Until the OP comes back and explains WHY he has not had contact we should not be bashing him for it yet

 

[acmb05]

If there is a step dad willing to adopt and mom wanted to pursue it, she could push for an involuntary termination of parental rights on the basis of (because TX allows for it) extreme parental disinterest. She's got a case.

If he has been paying his court ordered support it will be hard and expensive for mom to do this.

If the parent left the child alone or with someone else, including the other parent, and fails to provide for support for six months, the parent is considered to have abandoned the child.

Since it appears he has been paying his support then he has not considered to have abandoned the child.

 

[Artemis_ofthe_Hunt]

He probably does not, but he has a good chance at a gradual visitation schedule.

Until the OP comes back and explains WHY he has not had contact we should not be bashing him for it yet

I'm glad you said YET. HOWEVER, IMHO, barring serving time in prison or conditions that rendered OP from traveling, or a RO, there is ABSOLUTELY NO EXCUSE IMHO for allowing THAT much time to elapse without seeing HIS child!

Mom ran, mom hid, mom this, mom that... she's effectively (apparently) raising this child without his help, or his concern. WHY would a judge give him custody? Gradual visitation I can see... but I didn't say anything about him NOT getting visitation, I said CUSTODY. Jes' sayin'.

 

[CourtClerk]

If he has been paying his court ordered support it will be hard and expensive for mom to do this.

If the parent left the child alone or with someone else, including the other parent, and fails to provide for support for six months, the parent is considered to have abandoned the child.

Since it appears he has been paying his support then he has not considered to have abandoned the child.

Notice I didn't say abandon. I said extreme parental disinterest and there is a difference.

 

[MomandDad2006]

Anybody able to say what that difference is exactly? I tries to PM courtclek as the rules say not to hijack threads but I cant and cant figure out how to get it to allow me to do so? I apologize everybody, on the upside it may not be a total hijack as it may help the initial poster as well, knowing what hes up against.

My opinion guy, you have had a long time to be involved. You pay your child support so I will give you that but man its not money that makes you a "dad", its time and attention dude and you haven't given that. Hopefully mom has been honest with her kid about who his/her daddy is. Just out of curiosity, what personal reason are there that really make a hoot about you not seeing you kid? Just asking... but I guess they are personal and you wont say but I say aint no reason good enough buddy, you should have been there.

 

[stealth2]

Anybody able to say what that difference is exactly? I tries to PM courtclek as the rules say not to hijack threads but I cant and cant figure out how to get it to allow me to do so? I apologize everybody, on the upside it may not be a total hijack as it may help the initial poster as well, knowing what hes up against.

You ask the question on your original thread. Many/most of us will not entertain questions asked privately via PM unless the OP has been invited to do so.

 

[Just Blue]

What is the name of your state (only U.S. law)? TX

I pay child support for a 5yr old son. I have not had contact with son or with mom since the child was born more or less. (I have seen my child around the age of 1 and younger for brief moments) Since then I have not been in the childs life.

For reasons that are my own, I recently filed for a custody and visitation hearing. We currently have NO custody or visitation agreement, and I am probably not on the birth certificate. I have reason to believe she is moving to Riverside, California as the place she works for can give her a job at a location near there. I have reason to believe this is because of my filing, and because we have no current agreement, that she is trying to put miles between me being in the picture. She currently only lives hours away in state. The court doesn't seem to be in a hurry to see this case. Her attorney could argue for a continuance...

Two weeks ago I received a piece of certified mail with a template for a consent to adoption. She typed up a cover letter to this template basically trying to say her husband would like to adopt, she will end child support, etc.

So my question is....is there ANY ability to gain an emergency hearing when there is nothing but a child support order in place?

I can't help but notice that OP's user name is Elsi Sharp...Someone correct me if I am wrong, but Elsi is (to my knowledge) a female name.

Elsi...Are you the fathers wife/girlfriend?

 

[milspecgirl]

seems fishy that you just now, out of the blue, decided to file something