Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life
His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many false reports to the police/sheriffs department. Am I aloud legally to keep my daughter away because of the drugs in his house and is it legal for his mother to be paying his child support, it comes out of her bank account and everything? Him and his mother live in Texas while my daughter lives with myself my husband and our child, shes lived with us both in Texas and Colorado back and forth her whole for years of life. Also would we have any standing ground for my husband to officially adopt my daughter?
A: You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the father's consent unless the father fails to pay support or have any contact with the child for more than one year. You should get a lawyer to help you with this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
