Giving up child? How? What options do I have other than that?
Here's the deal. I am at a loss and I am not sure what to do..
1. I am the custodial parent my x-husband is the non custodial parent
Remarried 2005 after living with my now husband since my daughter was 4. We bought a new house 2006 in an upper class neighbor hood to make sure my daughter has a great life.
2. 2007 my daughter informed us (age 14 now) that she was molested as a child at fathers house by a cousin of his new wife, court date coming up shortly then all of a sudden was brainwashed by her father and wanted to move in with him "?"?"?"?"?" again loss of words. Said OK for a trial period.. He also owes over $10 thou dollars in back child support payments.
3. She now goes to school there for the last 6 months and almost failing due to lack of going to school, school is already stating that there maybe a court date due to lack of attendance.
4. I am now the bad person, she doesn't want to visit, call, and if she does all hell breaks loose and she runs away.
5. She went to counseling but her father stated that it is a waste of time and money (which he doesn't have, he's NOT working his wife is as a security guard . They have 3 more kids and live in a shag with 1200 sqf .)
6. before al that she was caught smoking in the attic of ours.
7. She was trying to sell multi vitamins in school as speed and was forced to go to a "special" alternative school by us.
I have not seen her since Jan. 1 when she started to run away after I told her that she is staying with us again, even to a point that she wanted to jump out of a car that was going 65 miles an hour on the way back to her fathers house, because I wasn't wanting to give her the cell to call her father for 10 min.
Her father threatened that he would go and petition to get the rights away from me. He hasn't done so to this point, why, because of obvious reason, no money and past due childsupport payments. Also believe that my daughter believes by staying with him he wouldn't have to pay. I still pay for her school lunches, insurance and so forth.
Now that you know the story somewhat, I am worried beyond my believe, but am contemplating on giving up my rights to protect my husband and myself and especially since I am not sure what else to do at this point but to give them want they want.
How would that work? Would it work? And I be dammed if I were to have to pay childsupport to his lazy butt. This is what I have found out so far, but not sure if that is really much information what can you guys give me advice and so forth:she said there is a motion/petition you can file regarding custody. As far as you protecting yourself, leaving your daughter with father or letting her stay there does not make you negligent. If something happens during his custody or control while in his care, the negligence would fall on his behalf. However, there are some laws in the county/state of Texas that if a minor commits a criminal act for which civil damages occur, then those damages are recoverable through a lawsuit which would involve both parents. I think that if you want to petition the court to change the status of the parent-child relationship, there could be a way to do it pro se, where you do it yourself and all you do is pay the filing fees. There could also be a waiver of citation where her father would just sign and waive service so you don't have to pay extra to get him served. I know that the child support that he owes you to date will remain until it is paid off even if you give him conservatorship.
I desperately need some legal help, anything would be great..
Thanks:confused: