Asked in Child Custody, Child Support and Divorce for Texas

Q: Wife’s mother is legal guardian of child. If husband files for divorce do he need to declare that a child is involved?

My boyfriend is a UK citizen and his wife is a us citizen. He lives in the uk, she is in Texas and they have been separated for 7 years. Can anyone help with this question. He wants to divorce but is worried she will want child maintenance payments back dated despite the Fact that the child has mainly resided with the grandmother.. The grandmother has only just made the guardian situation legal.

1 Lawyer Answer
Carrie T. Schilling
Carrie T. Schilling
  • Southlake, TX
  • Licensed in Texas

A: Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or may not result in a modification to that existing order, including the child support. However, it is unlikely that support would be back-dated 7 years if that did not occur when the court issued the existing order giving grandmother guardianship or conservatorship.

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