What steps does a father need to take to forfeit his legal rights to a child who was the result of an affair?

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What steps does a father need to take to forfeit his legal rights to a child who was the result of an affair?

He’s married and already has four kids at home and is trying to save his marriage by cutting all ties with the mother.

Asked on January 22, 2013 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

The first step is to get the agreement of the mother of the child.  She can refuse, and instead ask for child support for the care of the child.  If she does not refuse, you can sign an affidavit of relinquishment and agree to let her move forward with a petition to terminate your parental rights.

Even though she files the petition, the court does not have to grant it.  The courts are very reluctant to leave a child fatherless, even when it's in name only.  If the mother has a new boyfriend, it would help if he was willing to step up and adopt the child and be dad. 

For the affidavit, petition to terminate, or an adoption, you would want to consult with a family law attorney. 


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