Dying Ex

[tech22]

My husbands ex took their kids to Texas without his consent a few years ago. He is currently paying child support but is unable to speak or see them because he lives in MA and she refuses to let him contact them. We recently found out thru a mutual friend that she is dying of Cancer and planning on leaving the kids with her brother. What can my husband do about the kids? i.e. get custody. He has no legal problems and works full time. The relationship with the ex just didn't work out and she's just doing harm by hiding the kids because that's all he wants and cares for (his kids).

 

[army judge]

Your husband should have petitioned the court that issued the original custody order when she violated it by taking the kids to Texas.

Now he'll have to petition the district court in the county where she resides to settle this matter.

I suggest you (meaning your hubby) contact a lawyer in your area and discuss this with him or her.

You'll eventually need a Texas lawyer to help him fix this mess.

You should start this soon, very soon.

He may have waited too long to make this an easy task.

He needs a lawyer ASAP.

 

[disagreeable]

I bow to armyjudge's expertise, however, since the children have long established custody in Texas, I think you could bypass an MA lawyer and start with one in TX, in the county where she lives. He will no doubt explain where my lack of knowledge lies, LOL.

 

[army judge]

I bow to armyjudge's expertise, however, since the children have long established custody in Texas, I think you could bypass an MA lawyer and start with one in TX, in the county where she lives. He will no doubt explain where my lack of knowledge lies, LOL.

The suggestion to start with a local lawyer is to determine if the dying mother removed the children illegally, resulting in an active warrant against her for doing so.



If that is the case, a Texas court might not have obtained jurisdiction over the children.

In other words, it would be to see if the father has any chance at obtaining custody of the children.

 

[Proserpina]

I'm sorry, but nothing is going to happen to Mom for taking the kids - not after this amount of time. Dad's inaction is actually tacit approval.

My suspicion is that Dad hasn't actually done anything to enforce his visitation or his rights.

 

[army judge]

I'm sorry, but nothing is going to happen to Mom for taking the kids - not after this amount of time. Dad's inaction is actually tacit approval.

My suspicion is that Dad hasn't actually done anything to enforce his visitation or his rights.

More than likely, you're right.

It may just be me, but some men have no problem abandoning their children.


It appears that the man's new honey is more concerned with his kids than he is.

I don't know, but I suspect she's hedging her bets to avoid a similar situation.

Whatever the reason, the outcome is sad.

 

[Proserpina]

It's going to be very sad, yes.

There is another consideration, too, and that is the age of the children and how much contact Dad has actually had since Mom left. If a "mutual friend" has information about Mom's health, I doubt she's been hiding too, too well.

There is (despite Dad's constitutionally-protected rights) a chance that the State of Texas will NOT see fit to place the children with him, at least in the near future. Their best interest is key here - and Dad needs to ask himself some very difficult questions. If there has been no contact, and the children are settled in Texas, is it really best for them to be ripped away from that and taken to the other side of the country? When they've just lost their mother? With a father who has been absent for at least a couple of years? I can see Mom's family at least trying to keep some stability in their lives.

My heart breaks for the children, truly.