Q: I am in NC and still married but husband left in 2012 and went to another state. No divorce has been filed. He is in TX
Now and engaged. We have a 9 year old daughter and the courts just started making him pay $50 a month child support to. He is now engaged and set to marry this lady in 2017. If he does what can happen and what can I do to protect my child. He threatens to take me to court for custody if I don't let him talk to her but she doesn't want to talk to him. He hadn't spoke to her from the time he left in 2012 until 2016 after court. Do I have to make her and if I don't make her can he do anything to me and if he gets married can I use that in my favor since it's bigamy. Thanks
A: If he is paying $50 a month in child support odds are he can't afford to take you to court for custody and even if he did, he'd likely lose unless he has a real real real good reason for not having contact with the child for 3-4 years. Why don't you file a petition to terminate his parental rights? You'd lose the measly $50 a month but you be rid of this bully and he wouldn't be in your daughters life ever again unless she allowed it. As to making the child speak to her father, generally the court prefers that you not prevent or interfere with communication or visitation but unless there is a court order in place that says you have to allow it, you do have very good reasons to not allow contact. Finally, as to the bigamy, its cheap to divorce someone so he'd be a fool to get married before divorcing you but if he does, its a felony in NC, likely TX as well so yes, you could use that in your favor.
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