Custody modification if other parent moved Out-of-the Country

[arolfhus]

Jurisdiction

Texas

Hello,
I am divorced and share joint conservatorship with my son's father but he moved back to Mexico over a year ago and I'd like to modify the conservatorship to be only me. I have the petition modification but it also requires an out-of-state affidavit but does this apply too if he's actually out-of-the country? How can he notarize this form and his response if he's out of the country?

 

[army judge]

Hello,
I am divorced and share joint conservatorship with my son's father but he moved back to Mexico over a year ago and I'd like to modify the conservatorship to be only me. I have the petition modification but it also requires an out-of-state affidavit but does this apply too if he's actually out-of-the country? How can he notarize this form and his response if he's out of the country?

If the father and you were never married, he's just another unmarried male that has no rights to your child.

I am a male.

I have no rights to yoru child.

He is a male, too.

He and I have the same rights to your child today, NONE.

If you are smart, you'll keep it that way, especially since the male has absconed to another country.

A US court has no jurisdiction over a citizen of another country, or a US citizen living in another country.

The jurisdiction of a US national can be pursued and obtained, but it wouldn't be easy.

If the man and you were/are married, yet he's in another country, what you're investigating should be forgotten until he returns to the USA.

If he is interested in obtaining visitation or custody, allow him to initiate it.

Statistically unmarried men who father children have very low interest in maintaining any relationship with the child(ren).

Heck, many married (or divorced) males lack that interest too, after the relationship with the woman breaks apart.

 

[arolfhus]

If the father and you were never married, he's just another unmarried male that has no rights to your child.

I am a male.

I have no rights to yoru child.

He is a male, too.

He and I have the same rights to your child today, NONE.

If you are smart, you'll keep it that way, especially since the male has absconed to another country.

A US court has no jurisdiction over a citizen of another country, or a US citizen living in another country.

The jurisdiction of a US national can be pursued and obtained, but it wouldn't be easy.

If the man and you were/are married, yet he's in another country, what you're investigating should be forgotten until he returns to the USA.

If he is interested in obtaining visitation or custody, allow him to initiate it.

Statistically unmarried men who father children have very low interest in maintaining any relationship with the child(ren).

Heck, many married (or divorced) males lack that interest too, after the relationship with the woman breaks apart.

Hi, thank you for your response. I was married to my son's father and we divorced 7 years ago. He moved to Mexico and he doesn't have any plans to return and this is why I'd like to change the conservatorship order to Sole Conservatorship. He hasn't been in much contact with my son since he left and has no plans of returning. I remarried 5 years ago and my son calls my present husband "dad" as he is now more familiar with my husband as a father than his own father ever was. If anything was to happen to me, I'd like me son to remain with my present husband until he goes off to College. I would hate to see that he's sent to his father in Mexico.

 

[leslie82]

Hi, thank you for your response. I was married to my son's father and we divorced 7 years ago. He moved to Mexico and he doesn't have any plans to return and this is why I'd like to change the conservatorship order to Sole Conservatorship. He hasn't been in much contact with my son since he left and has no plans of returning. I remarried 5 years ago and my son calls my present husband "dad" as he is now more familiar with my husband as a father than his own father ever was. If anything was to happen to me, I'd like me son to remain with my present husband until he goes off to College. I would hate to see that he's sent to his father in Mexico.

Unless your ex husband allows your new husband to adopt your son, your son isn't likely to stay with your husband if something happens to you. Since you're divorced, your ex husband has paternity rights to your son whether he is a good father or not. Whether he shows up or not.

You can go to court and file to modify custody. But you have to notify him. If stepparent adoption is something you would consider, get a lawyer. But the ex husband has to approve it.

 

[army judge]

Hi, thank you for your response. I was married to my son's father and we divorced 7 years ago. He moved to Mexico and he doesn't have any plans to return and this is why I'd like to change the conservatorship order to Sole Conservatorship. He hasn't been in much contact with my son since he left and has no plans of returning. I remarried 5 years ago and my son calls my present husband "dad" as he is now more familiar with my husband as a father than his own father ever was. If anything was to happen to me, I'd like me son to remain with my present husband until he goes off to College. I would hate to see that he's sent to his father in Mexico.

I suggest you consult with two or three licensed lawyers in your county relative to yoru inquiry.

If your divorce decree was silent on sole primary custodian, I suspect the matter will have to be revsited.

It also depends on the circumstances of your husband's reason to have left the US for Mexico.

If you want to make sure that your child is to be cared by someone you TRUST if you were ever to become unable to care for him, AGAIN you need to see aREAL, licensed lawyer in TEXAS to discuss the options available to you.

Its good to look at who will care for him, if you should ever become unable to do so.

However, while you're PLANNING, you also want to decide WHO will oversee your care, if you are unable to care for yourself and the child because of a medical reason.

That means you need REAL legal advice, and you must select someone WILLING to serve, and someone you TRUST implicitly for your care and yoru child's.

Good luck.