Texas 7/2000 father chose not to make contact until just recently 2/2008 and now we are going to court to establish disability of an adult child. I got him to sign wavers for doctors services only in 12/2000 but after that I left well enough alone as he did not answer pages and began to act as primary conservitor even though we hold joint conservitorship. He was paying child support. When is it considered abandonment?:nuts
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Abandonment or Not
- Thread Starter Tawanda
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I think I am approaching this in the wrong way. Reasonable amount of time would be a better aspect. I know I have 10 days to report to the attorney generals office if I have moved. Land Lords are given 7 days. So what should be the reasonable amount of time before I understand that said father has abdicated his responsibilities? I would think maybe after several non returned pages or call and or over what amount of time? Weeks, months, years? I know we would both be found to be abusive and neglectful if I had not made crucial decision about our child needs. Coffee
I guess the question is, what is your purpose in claiming abandonment? Are you hoping to terminate his rights? If so, it will be hard to do if he still pays the support. According to Texas code, he hasn't abandoned the children if he still pays support.
Are you hoping to get sole legal custody? In that case, his physical abandonment may be in your favor. You can argue that it is in the best interests of the children since he has proven to be unreachable.
As the primary CP, you have greater responsibility for the children. That's why you have to notify the court of any move, and would be considered neglectful if you didn't respond to their medical needs. Since your ex signed the waivers for medical care, you can't really claim that he has abandoned his responsibility there either.
It may not seem fair, and of course it isn't for the children, but that's the way the law reads.
Are you hoping to get sole legal custody? In that case, his physical abandonment may be in your favor. You can argue that it is in the best interests of the children since he has proven to be unreachable.
As the primary CP, you have greater responsibility for the children. That's why you have to notify the court of any move, and would be considered neglectful if you didn't respond to their medical needs. Since your ex signed the waivers for medical care, you can't really claim that he has abandoned his responsibility there either.
It may not seem fair, and of course it isn't for the children, but that's the way the law reads.
I guess the question is, what is your purpose in claiming abandonment?
I was going for I made the ultimate decisions for our child as he did not make himself available and am concerned he is going to pull I did not give my consent there for I am not responsible. I have come to view this as my only choice as I was not going to stop acting in the best interest of our child because ex was not available to consult.
Are you hoping to terminate his rights? If so, it will be hard to do if he still pays the support. According to Texas code, he hasn't abandoned the children if he still pays support.
While I could have modified our child parent relationship when everything was playing out but truthfully I was hoping ex would get help and come back sober ready to be apart and unfortunately it did not work out that way.
Are you hoping to get sole legal custody? In that case, his physical abandonment may be in your favor. You can argue that it is in the best interests of the children since he has proven to be unreachable.
No, This is a good point, Thank You!
As the primary CP, you have greater responsibility for the children. That's why you have to notify the court of any move, and would be considered neglectful if you didn't respond to their medical needs. Since your ex signed the waivers for medical care, you can't really claim that he has abandoned his responsibility there either.
It was a one time deal for permission to be apart of a study that gave our child top medical help, we were referred by a reputable source and it did help. Although in the future remember to get a waiver not one time sign. "Hind sight 20/20"
It may not seem fair, and of course it isn't for the children, but that's the way the law reads.
I was going for I made the ultimate decisions for our child as he did not make himself available and am concerned he is going to pull I did not give my consent there for I am not responsible. I have come to view this as my only choice as I was not going to stop acting in the best interest of our child because ex was not available to consult.
Are you hoping to terminate his rights? If so, it will be hard to do if he still pays the support. According to Texas code, he hasn't abandoned the children if he still pays support.
While I could have modified our child parent relationship when everything was playing out but truthfully I was hoping ex would get help and come back sober ready to be apart and unfortunately it did not work out that way.
Are you hoping to get sole legal custody? In that case, his physical abandonment may be in your favor. You can argue that it is in the best interests of the children since he has proven to be unreachable.
No, This is a good point, Thank You!
As the primary CP, you have greater responsibility for the children. That's why you have to notify the court of any move, and would be considered neglectful if you didn't respond to their medical needs. Since your ex signed the waivers for medical care, you can't really claim that he has abandoned his responsibility there either.
It was a one time deal for permission to be apart of a study that gave our child top medical help, we were referred by a reputable source and it did help. Although in the future remember to get a waiver not one time sign. "Hind sight 20/20"
It may not seem fair, and of course it isn't for the children, but that's the way the law reads.
I was going for I made the ultimate decisions for our child as he did not make himself available and am concerned he is going to pull I did not give my consent there for I am not responsible. I have come to view this as my only choice as I was not going to stop acting in the best interest of our child because ex was not available to consult.
If you can show through phone records that you have tried to contact him, then you probably won't have to worry about him claiming he's not responsible. Even if you stopped trying after a lengthy period of no response, you may be okay.
I think the argument you want is neglect, not abandonment. Since he was joint conservator of a child with medical problems, it was neglectful of him to fail to return calls regarding the child's medical needs. If you can also prove a pattern of alcohol abuse, that may help too.
Good luck to you and your child.
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