What is considered in determining a child’s best interestsregarding the relinquishment of parental rights?

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What is considered in determining a child’s best interestsregarding the relinquishment of parental rights?

My son’s father willing to sign affidavit relinquishing his parental rights. He has never even met my son. My sister and her husband are in my Will as my son’s guardians and will receive all of my life insurance money if I pass before my son is 18. I am still single. I do not have money to pay an attorney. What have judges done in these court matters? Do they tend to sign the order and determine that it’s in the child’s best interest even when there’s no replacement father or am I wasting my time?

Asked on March 29, 2011 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Can you go and consult with legal aid or a pro bono service offered through your local bar association or law school?  Just because it is easier for someone to look at the entire picture here and advise you on the rights that you are relinquishing and help you balance them with the ones most important to you. If your son's father wants to relinquish his rights and you agree you are correct that a court does not necessarily have to let him absent other circumstances.  Court's tend to believe that contact with both parents is best for a child plus your son has a right to support from his father and you would be making that determination for him.  If, however, you can prove that he has no involvement and is not a "parent" in the real sense of the word then maybe you have a shot.  Good luck to you.


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