Not really sure where to start with this. I'll start with ages of everyone, I guess?
Me: 33
Wife (children's Mom): 30
Children: 10 & 11 years old
Wife and I have been married for 4 years.
Ex-husband (children's father): 30
Current Situation:
Last week, my wife's ex-husband (who lives in Kansas -- we'll call him Billy) shot his current girlfriend (in the face) and her ex-boyfriend while (allegedly) on drugs. Billy's girlfriend is in critical but stable condition, and is in an induced coma. The ex-boyfriend is fine. Billy is being charged with aggravated battery with a deadly weapon. He's currently released on $100k bail.
Wife and kids live with me in Texas (they moved down here to be with me about 3-4 years ago). We sat the kids down and we told them everything, and answered any questions they had. We told them that he faces serious charges and they probably won't see him for a very long time.
Ex-Husband's History:
Billy's been arrested a few times for unpaid child support. Billy also has a long history of drug use and addiction (hence why my wife and him are divorced); not sure if he's been in trouble before with the law for the drugs.
Current Custody Situation:
Their divorce was finalized in Kansas in 2011. My wife has shared custody of the kids, and they currently live with me in Texas. The divorce decree says that "the children will reside with Mother subject to reasonable parenting time by Father as the parties agree." Billy is behind on child support payments and has been for quite some time, although he is currently making payments (...for now).
Our Questions:
Wife wants me to adopt the kids and have all parental rights removed from Billy. I completely understand why and I'm totally down for this. But, being the critic that I tend to be, I want to get to the root of the "why" she wants to do this. Basically, it comes down to this: when the kids go to visit their (maternal) grandparents (also in Kansas) for the summer, she's scared that Billy will show up and try to take the kids away. Our questions:
- Would Billy have any rights to see the kids (let alone take them) if my wife doesn't agree to it (again, divorce decree says he can see them if both parties agree to it)?
- If Billy were to physically take the kids, how much would the cops be able to assist us in getting them back to their grandparents? Is there anything (maybe a power of attorney or something) that will make our case stronger against Billy in the event that he did take them?
- Can we even take Billy's parental rights fully away and can I adopt the kids, both without his consent?
- Aside from asking friends and family, where can we find reputable lawyers around Kansas? Do we just look for a family lawyer, or is there another type of lawyer that is more specialized? Would a Texas lawyer be able to accomplish this or does it have to be done in the state that the divorce decree was finalized in?
Written By: beechfuzz
Source: https://ift.tt/2V7FRt8
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