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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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So Ive been married since I was 18. We had a child together

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So I've been married since I was 18. We had a child together when I was 19. We agreed to a divorce, and originally started one in Colorado, but had been able to finish it at the time. We've been separate since then, and the last time I talked to him, he agreed to give up parental rights. He has not been in his daughter's life in any way, since she was a year old. She will be 4 in January 2014. The last thing I heard, was that in August 2013, he was supposed to be going to Canada to be a Buddhist monk. I currently have no idea if he's made it there, or where this monastery is. I was in Oklahoma for the past 2 years, but just recently went to Texas to live, because my grandmother is going to have surgery. I have no clue what I'm supposed to do, or where I'm supposed to go, and I currently have no income coming in.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You are going to have to seek to file for divorce, but in Texas you must be residing there 6 months before you can do so if you want to file there and not in Oklahoma where you previously resided. You can also go to the Texas child support enforcement section and ask for help collecting child support, but you will have to give them a way to find him to serve him and if he goes to Canada it may be that they will not be able to collect from him if he has no income at all. You can contact child support enforcement at the Attorney General's Office. See: Child Support Enforcement.

As far as getting a divorce filed, because he is not in the state and you would likely have difficulty serving him, you must use an attorney and they will have to first try to locate him and then ask the court for an order to serve him by mail and/or publication in the paper so your divorce and custody action can continue against him. If you cannot afford an attorney go to legal aid and also call the Texas bar and ask them for the pro bono attorneys in your area who can assist you with this.

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