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:
A mother cannot refuse to care for her children without valid reasons. As a parent, she has a legal obligation to provide care and support for her daughters, who are both minors (under 18 years old). If she neglects this responsibility, your brother can file a complaint against her. Under Texas law, neglecting to support one’s child can lead to criminal charges, including imprisonment for up to two years and/or a fine of up to $10,000 (Tex. Penal Code § 25.05).
Specifically, this law states that an individual commits an offense if they intentionally or knowingly fail to provide support for their child under 18 years old. A conviction can occur based solely on the testimony of a party involved in the offense, and the only defense against prosecution is if the individual could not provide support. Additionally, the existence of a criminal case does not affect a court's ability to order child support (Tex. Penal Code § 12.35).
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.