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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My son is almost 4, he hasnt seen his father since Christmas

Resolved Question:

My son is almost 4, he hasn't seen his father since Christmas and I haven't heard anything from his since april, we went to court 2 years ago to put him on child support and arrange supervised visitation. In that time he never took the court ordered drug tests or and paid a total of 1 month's child support and hasn't put my son on his insurance. My son doesn't know his father and I recently discovered he had a court case against him filed by child protective services in reguards to his 2 other children. In this grounds to terminate his parental rights?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Does the father have at least partial custody of the son?
Customer: replied 7 years ago.

we had temporary orders and they listed me as primary custodian and he has progressive visitation. He was given supervised visitation and hair folicule tests annually, but he didn't do the drug tests.

Expert:  Dimitry K., Esq. replied 7 years ago.
At this point you should file a motion to modify custody and visitation. If the parent does not see the child, does not pay support, and is otherwise missing from the child's life, it is extremely unlikely that the judge will not grant you sole custody. In addition you should get a court order compelling the other parent from paying child support--or he very well may become criminally charged.


Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
Will sole custody give me the ability to terminate his parental rights since he already has a CPS court case against him reguarding his other 2 children?
Expert:  Dimitry K., Esq. replied 7 years ago.
Yes, you can. In fact because your ex has not paid support for a year, you can use that fact solely to get his rights involuntarily taken away from him. This is the Texas Statute that governs:

Circumstances That Are Grounds for Termination of Parental Rights
Fam. Code §§ 161.001; 161.002(b); 161.007
The court may order termination parental rights if the court finds by clear and convincing evidence that the parent has:
Abandoned the child•
Knowingly allowed the child to remain in conditions or surroundings that endanger the physical or emotional • well-being of the child
Failed to support the child in accordance with the parent’s ability for 1 year•
Voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time • during her pregnancy and continuing through the birth, failed to provide adequate support or medical care for the mother during her pregnancy, and remained apart from the child or failed to support the child since the birth
Been the major cause of the failure of the child to be enrolled in school as required by law or to be absent • from the child’s home without the consent of the parents for a substantial length of time or without the intent to return
Been convicted of any of the following crimes that caused the death or serious injury of a child:•
Murder or manslaughter » »
Assault, sexual assault, aggravated assault, or aggravated sexual assault» »
Injury to a child or abandoning or endangering a child» »
Indecency with a child or prohibited sexual conduct» »
Sexual performance by a child or possession or promotion of child pornography» »
Continuous sexual abuse of a young child» »
Had his or her parental rights terminated with respect to another child •
Failed to comply with the provisions of case plan established for the parent to obtain the return of the child •
Used a controlled substance in a manner that endangered the health or safety of the child and failed to • complete a court-ordered substance abuse treatment program or after completion of a treatment program, continued to abuse a controlled substance
Been incarcerated and unable to care for the child for 2 years•
Been the cause of the child being born addicted to alcohol or a controlled substance •
Voluntarily delivered the child to a designated emergency infant care provider without expressing an intent to • return for the child
Been convicted of the murder of the other parent of the child •
Been convicted of a sexual offense and the victim of the offense became pregnant with the parent’s child•
The rights of an alleged father may be terminated if:
After being served with notice, he does not respond by timely filing an admission of paternity or a • counterclaim for paternity.
The child is over age 1 at the time the petition for termination is filed, he has not registered with the paternity • registry, and after the exercise of due diligence by the petitioner, his identity and/or location are unknown.
The child is under age 1 at the time the petition is filed, and he has not registered with the paternity registry. •
He has registered with the paternity registry but the petitioner’s attempt to personally serve notice at the • address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.


Dimitry Alexander Kaplun, Esq.

Edited by Dimitry Alexander Kaplun on 10/2/2009 at 4:21 AM EST
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