Houston, TX asked in Family Law, Child Custody and Child Support for Texas

Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

1 Lawyer Answer
Rafee'a S. Majeed
Rafee'a S. Majeed
  • Dallas, TX
  • Licensed in Texas

A: The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite time for voluntary relinquishment. You should consult with an attorney to see if you situation meets the 3 month voluntary relinquishment requirement, or if it would meet the 6 month requirement.

The non-custodial parent can also contact the Office of the Attorney General and notify them that you have possession of the child. They will continue to withdraw the monthly child support obligation from your pay; however, it will not go to the custodial parent.

I hope this information helps. Good luck to you.

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