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Custody reassignment and back child support Texas and/or Kentucky

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  • Custody reassignment and back child support Texas and/or Kentucky

    If a father (in TX) that has partial custody according to the divorce papers and owes back child support needs to take temporary custody of a 15 yo (in KY) whose single mom is in jail, would the back child support be prohibitive to his asserting his rights?

    Also, he has not seen the child since she was 2. Would this also be a problem?

  • #2
    Originally posted by kal2681 View Post
    If a father (in TX) that has partial custody according to the divorce papers and owes back child support needs to take temporary custody of a 15 yo (in KY) whose single mom is in jail, would the back child support be prohibitive to his asserting his rights?

    Also, he has not seen the child since she was 2. Would this also be a problem?
    Non payment of CS "shouldn't" be a legal bar to custody. However, having no contact with the child for 13 years IS a big problem. If there is ANYONE who has been involved with the child's life who asks for custody it is highly likely that the court will give custody to that person instead of the father.

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    • #3
      Unless you can show the court that you have been actively trying for 13 YEARS to have a relationship with your daughter, but have been repeatedly denied by the mother. (Hint...if you have joint custody and the mother was not complying with the court order...you better have documentation that you have filed for contempt multiple times). 13 years is this child's entire life and it is going to be very difficult for you to come up with a good reason as to why you abandoned her. (and yes, with no contact and child support arrearages, that is what you have done.)
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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      • #4
        I'm am the child's aunt. I was asking because her father is wanting to assert his rights because her mom may go to jail for awhile but I was thinking that the situation may not be as easy as he thinks because of the terms I described. I would also like to offer for her to come with me. And yes, I've fostered a relationship with her throughout her life.

        The situation is complicated. I posted it on another thread.

        Thank you for the help.

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        • #5
          Oh, sorry about the rant. I assumed you were the father. Well, the answers are the same, just apply them to the father and not to you. Good luck.
          HOOK 'EM HORNS!!!
          How do you catch a very rare rabbit?
          (unique up on him)
          How do catch an ordinary rabbit?
          (same way)

          Comment


          • #6
            Originally posted by kal2681 View Post
            I'm am the child's aunt. I was asking because her father is wanting to assert his rights because her mom may go to jail for awhile but I was thinking that the situation may not be as easy as he thinks because of the terms I described. I would also like to offer for her to come with me. And yes, I've fostered a relationship with her throughout her life.

            The situation is complicated. I posted it on another thread.

            Thank you for the help.
            I read the other thread http://www.laborlawtalk.com/showthread.php?t=162904and some of what you wrote might change things ALOT. You said that the mother deliberately kept the child hidden by not notififying of address changes. This is something in the father's favor, he MIGHT have tried to be a part of his daughter's life but Mom prevented it. Another thing in his favor is that your neice willingly began a realtionship with her father a while ago.
            I can imagine that this situation isn't going to be as easy and cut and dried as was first thought. You really should consult with an attorney before doing anything.
            Last edited by xena; 11-16-2006, 09:47 AM.

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