How can I get my daughter’s father’s parental rights terminated?

My child’s father has been placed in jail for indecency with a child and sexual assault of a child. Also, he’s not seen her since just before her 3rd birthday. The last child support payment was 6 months ago and the last actual contact was by mail Christmas gift. Haven’t had phone calls in ober 1 1/2 years. I am married currently and my husband would like to adopt her. How could I file to get his rights removed considering all of the circumstances? Can I do so without a lawyer?

Asked on September 6, 2012 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the Texas statute  - which I will copy here in a link - I believe that you will have a really good shot at terminating his parental rights.  Althouhg attorneys are not required, I always think that you should at least consult with one on the particulars such as service of the petition, etc.  You need to get it right.  It is also wonderful of your husband to want to adopt your daughter and that will work in your favor with the court.  Good luck to you all.

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