Legal Question in Family Law in Texas

Is this ''parental kidnapping''?

My husband was sent to jail for several years. during which she got a divorce and the kids. he was to pay support, she was to provide 1 hr/month ''supervised'' visitation. she never went to court for ''court-approved supervisor'', she remarried & moved with the kids,leaving no forwarding addy or name at the county or to hubby by certified mail.(she could have found him through his parole officer) He had no idea where or whom to send the checks.(1987) now the kids are almost 18.(2002) none of this has EVER gone back to court for enforcement. now she wants back-support/arrears. we were ''found'' (never were hard to find by public driver's liscense, he did it so his kids could find him,if they wanted to one day) and informed by a collection agency she hired. since we still don't know her new address,would a judge REALLY expect us to pay back-support/arrearages?


Asked on 12/23/02, 5:44 pm

1 Answer from Attorneys

Jean Sudduth Jean Sudduth, Attorney at law

Re: Is this ''parental kidnapping''?

No this is not parental kidnapping. Yes your husband's ex spouse can come after him for back child support. If your spouse is on probation or parole it is probably even easier for her since in Texas a usual term for probation and/or parole is to support the people you are legally obligated to support. What you need is an attorney who can work on an ageement you can live with. She was the sole support of these children for years. I do not mean to sound unsympathetic but there are ways to contact your children. There are ways to reduce or stop child support. There are ways to enforce visitation. Your spouse did not do any of these things. Your spouse will best be served by finding an attorney who can work out an agreement regarding child support - and hopefully a lawyer who can act as an intermediary in first contact with the "children". Expect anger and resentment at first and try to work through it. As the step parent you have the potential to be a true hero. Good luck and feel free to call me.

Jean Sudduth 817-261-2671

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Answered on 12/24/02, 1:09 am


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