Full question:
My husband packed a bag and left the children and I without warning. Is this legal abandonment? And by doing so, does he relinquish all parental rights in making decisions on the welfare of your children?
- Category: Divorce
- Date:
- State: Texas
Answer:
Abandonment alone does not automatically terminate a parent's rights. A court must determine if rights are relinquished. In Texas, abandonment can be grounds for divorce, and during divorce proceedings, the court establishes custody, support, and decision-making rights in the divorce decree. Abandonment may influence the court's decision to grant sole custody to the other parent.
The duty of support is generally enforceable only through a court order. Additionally, abandonment can be a factor in petitions to terminate parental rights or to grant one spouse sole management of community property.
Relevant Texas statutes include:
- § 3.301 FAM: A spouse can petition to manage community property if the other spouse has disappeared or abandoned them.
- § 161.001 FAM: The court may terminate the parent-child relationship if a parent has voluntarily left the child without intent to return or without providing adequate support for a specified period.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.