Divorce With Neither Party at Fault and Parent Withholding Child from Other Parent

  • How can you get divorced without having to prove that one party is at fault in causing the break-up of the marriage?
  • What can be done about a parent that has been out of contact, including all communication and child support?
  • What can a parent do about the opposite parent withholding a child from them?


Transcription

If you are considering filing for divorce you need to know all the particulars of the state’s laws Texas law allows for no-fault divorces but what exactly does that mean Live at Five’s family attorney Sonya Coffman joins us now with details so no fault divorce but what exactly does it mean means that people can get divorced in Texas without having to prove that one party was at fault in causing the break-up of the marriage okay but the question that's often ask is well what if someone is at fault that does that matter in Texas and does it it does the fault in the break-up of the marriage is one factor the court can consider in dividing the community property to come up with the just and right division so the court has the discretion to give more property to the innocent party in the marriage oh so be careful if you wanted to have a relationship before you got divorced correct that would not be a good idea yes alright now let's go to our KFDM news Facebook page we’ll read these for you if you have kids and a father who has not been around for two or more years no phone calls no child support or nothing what can be done about his rights can be considered abandonment it could be as a grounds for terminating the father's rights uh certainly this person can be collecting child support however even if the father's not visiting the children through the Attorney General's Office they can help collect that child-support okay my boyfriend filed for divorce and she read a letter to the judge saying she needed helped could the judge make him pay her money someone said if they were married over ten years maybe this is true I think with this person has heard is that to you qualify for alimony in Texas you have to have a marriage that lasted at least ten years that I'm not quite sure what kind of help they’re writing to the judge for uh... help paying help paying for the divorce or help paying alimony not sure what they are asking okay kind of confusing let's go to the next one how would you go about getting back child support I would start with the Attorney General's Office they can help find the person who needs to pay the support they have access to wage information and they can help get that going okay uh... my brothers ex-girlfriend is keeping their four month old son away from him she hasn't produced any legal paper stating he can't have his son but she refuses to allow him to see him they live in Louisiana and he's not quite sure what to do he doesn't pay child support simply because they were together up until two weeks ago what advice can she give her brother who misses his baby boy like crazy well Louisiana law is not something that I can practice if this were in Texas however the brother would need to go to court and get his paternity established in order to you have rights and to have visitation with his son and if they were together up until two weeks ago then he probably would get a credit on the child support for the direct support that he paid but either parent has equal rights of the child's until there’s an order saying otherwise ok and real quickly at one last question can a custody battle go on for about four years it can go on forever it seems not good news well Sonya as always we appreciate you stopping by in uh... we’ll get more questions together and we'll see you again next month thank you and we'll be right back with more on Live at Five