In family law, we often come across two main issues. First, what happens when one parent disappears and can’t be found, especially after 30 days? How does this affect the children’s rights and the process of getting child support?
Second, if we can’t find the other parent, can we change their parental rights, especially if there’s a step-parent ready to take on the role? Let’s break this down into simpler terms.
In the video, Atty. Tyler Monahan and Atty. Heather Ogier of Turner-Monahan PLLC discusses these critical family law questions. All case evaluations are in the light of Texas Family Law. This content is for educational purposes only.
What Happens When One Parent Goes Missing?
It’s tricky when a parent just vanishes. You might wonder, “Can we still sort out child support? What about the missing parent’s rights?” Courts are very careful in these situations. They won’t just strip away a parent’s rights because they’re not around or didn’t respond. The law takes this very seriously.
Can We End a Missing Parent’s Rights?
Ending a parent’s rights is a big deal, and it’s not easy to do. It might be considered if the missing parent hasn’t helped out or been part of the kids’ lives for a certain time. This time can vary. If the court decides the parent has been gone too long without any support or contact, then maybe their rights can be ended. But this is a whole separate issue from child support.
Getting Child Support Without the Other Parent
Even if we can’t find the other parent, getting child support is still possible. The court can order something called an income withholding order. This means they tell the missing parent’s workplace to take part of their earnings and send it for child support. So the kids can still get support without needing the missing parent to be physically present.
What About Step-Parents?
If there’s a step-parent who wants to step in, the court will think hard before ending the missing parent’s rights. They usually only do this if the step-parent is ready to legally become the child’s parent. Ending a parent’s rights means they no longer have any legal duties to the child, and the court doesn’t take this lightly.
Why the Court Might Hesitate
If a parent’s rights are ended and then something happens to the other parent, the child could end up without any legal guardians, becoming what’s called a “ward of the state.” Plus, the state prefers that parents support their children rather than the children needing help from government programs.
Courts don’t want to end a parent’s rights just because the parents don’t get along. It’s one of the most serious decisions in family law, especially since there are important rights involved, like the right to be a parent.
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The Texas Family Code and Parental Rights
The Texas Family Code provides comprehensive guidelines on matters related to child custody, support, and parental rights. Two sections are particularly relevant to situations where a parent is unreachable:
Section 161.001 – Involuntary Termination of Parental Rights: This section outlines the grounds upon which a court may order the termination of parental rights. These grounds include abandonment, neglect, or the failure to support the child. It specifies that termination can only occur if it is in the best interest of the child and one or more statutory grounds are satisfied.
Section 154.001 – Duty of Support: This section affirms the obligation of parents to support their minor children. It lays the foundation for securing child support, even in the absence of one parent. This duty is crucial for the child’s well-being and is enforceable regardless of the parent’s presence.
Chapter 158, Subchapter B – Income Withholding Order: In cases where a parent cannot be located, this section allows the court to issue an income withholding order. This order directs an employer to withhold a portion of the absent parent’s earnings for child support, ensuring the child’s financial needs are met despite the parent’s absence.
Navigating child custody and support issues in the absence of a parent is a complex process governed by specific statutes within the Texas Family Code. Understanding these legal provisions is crucial for those affected by such situations.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
When it comes to changing or ending parental rights, it’s all about what’s best for the child and making sure all legal angles are considered. Courts are very cautious and always put the child’s needs first.
Since 1973, Turner Monahan, PLLC has been committed to supporting families through the challenges of family law matters. Our experienced lawyers have guided thousands of families through divorce, adoption, child custody, and support processes, always with a focus on protecting your rights and achieving your goals. We understand the personal nature of these cases and are dedicated to crafting customized strategies for each client.
Our practice is built on integrity and a commitment to serving our clients through difficult times. If you’re in the DFW area and need legal assistance, Turner Monahan, PLLC offers free consultations to discuss your case and explore your options. Contact us to partner with a team that values your family’s well-being and is equipped to navigate the complexities of family law.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “How Does Child Abuse Affect Child Custody In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- How Often Is Child Support Reviewed In Texas
- Should I Tell My Lawyer The Truth About Everything?
- Can Instagram Messages Be Subpoenaed For Divorce?
- Does Child Support Increase If My Income Or My Spouse’s Income Has Increased?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
