Is it possible to terminate my son’s father’s parental rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it possible to terminate my son’s father’s parental rights?

He’s never been apart of our son’s life until recently after I took him to court for child support. He abandon us when I got pregnant and his first court allowed visit was after my son already turned one. I just don’t like that he can pick and choose when to be in his life and only pay part of his child support. My boyfriend has been in my sons life since he was seven months old and is more than ready and willing to adopt him. We’re not married, but if we need to be we’re more than ready to go to the courthouse and get it done.

Asked on October 24, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It certainly is possible to terminate the father's rights.  Termination can be done involuntarily if the father has abandoned your child.  Your questions indicates that even though he doesn't pay all, he does pay some support.  If this is the case, you probably can't get his rights involuntarily terminated.   If he has quit paying and seeing the child, then don't force the issue and let a total of 12 months go by before you file a petition for involuntary termination.

If involuntary is not an option, you still have options.  Texas does allow a parent to voluntarily terminate their rights.  Considering that he rarely sees his child and half-ways provides support, he may not be ready for parent-hood and would be happy to terminate his rights.  The courts, however, may or may not approve the termination.  They don't generally allow parents out of their obligations just because they don't want to pay child support.  If you and your boyfriend to get married, though, and he is willing and able to adopt your child, then the court will be more open to granting the termination because their is a potential father figure "waiting in the wings."  It will help if you are married.   You don't mention how old your son it, but generally, the courts like to see some stability-- so aim for at least six months of cohabitation as a family to show the courts that the two of your are really working at providing a family unit for your child.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption