Full question:
My brother lives with his kids (7 and 14 year old girls) in Texas. His wife left him one month ago. It seems that she doesn’t want to take the responsibility of kids and so she decided to move out. Can a mother refuse to take the responsibility of her own kids?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Texas
Answer:
Your brother’s wife cannot refuse to take care of her kids without any justifiable reason. She being a parent is responsible for providing care and support to her 7 and 14 year old daughters, as they are still a minor(below 18 years of age). If she continues to neglect her own kids and refuses to provide them support then on a complaint against her, then Texas court may punish your brother’s sister with imprisonment up to 2 year or/and 10,000 dollars fine.Tex. Penal Code § 25.05 reads:
“Criminal Nonsupport.
(a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.
(b) For purposes of this section, "child" includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.
(c) Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.
(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.”
(a) An individual commits an offense if the individual intentionally or knowingly fails to provide support for the individual's child younger than 18 years of age, or for the individual's child who is the subject of a court order requiring the individual to support the child.
(b) For purposes of this section, "child" includes a child born out of wedlock whose paternity has either been acknowledged by the actor or has been established in a civil suit under the Family Code or the law of another state.
(c) Under this section, a conviction may be had on the uncorroborated testimony of a party to the offense.
(d) It is an affirmative defense to prosecution under this section that the actor could not provide support for the actor's child.
(e) The pendency of a prosecution under this section does not affect the power of a court to enter an order for child support under the Family Code.
(f) An offense under this section is a state jail felony.”
Tex. Penal Code § 12.35 says:
“State Jail Felony Punishment. [Effective January 1, 2017]
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $ 10,000.”
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $ 10,000.”
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.
