I have a 4 year old daughter..Her father and I are married and now going threw a divorce..He hasn't seen her or supported her in any way since she was four months old..He is now overseas and is willing to give up parental rights just so he doesn't have to pay me back child support and or child support at all..What steps do I need to take to have that taken care of? If the Texas Law doesn't allow that is there something else that can be done to terminate rights?
2006-10-25 15:06:22 · 7 answers · asked by kymygirl 1 in Family & Relationships ➔ Marriage & Divorce
Think twice about giving up on the child support. He has a child and he is obligated to support it. If you think this is best for the child, though, you must see a lawyer. This is one of the most difficult legal things I can think of in family law.
2006-10-25 15:09:21 · answer #1 · answered by booktender 4 · 0⤊ 0⤋
Does Texas law allow for termination of rights as the result of abandonment? Some states will terminate rights because of abandonment, but I don't know if the child must be abandoned by both parents and in the custody of the state before that's done.
Money shouldn't be his reason for wanting to terminate rights, as you know. You may want to find out if he's just feeling cornered because of back child support, afraid he'll go to jail, and saying he'll terminate rights because of that.
You say he's "overseas". Does that mean he's in Iraq or Afghanistan? If that's the case why not wait until he returns rather than having all this go on right now. If, on the other hand, he's just, say, in France or England for no particular reason; I am wondering how long he's been there and whether or not leaving the country would mean "abandonment" more than not leaving the country would
If it is abandonment if its just one parent, and the child still has the other parent, there is the chance there may have to be that abandonment for over a certain amount of time. In some states it may be a short a time as one year, but, again, the circumstances could have been very different.
I don't know him, your situation, or what he has or hasn't done; so I'm not defending. The issue of terminating parental rights is such a serious and sobering thing, though, please consider whether you're in favor of this just because he hasn't paid support or seen the child (for whatever reason) or because this is truly what he wants.
2006-10-25 15:16:50 · answer #2 · answered by WhiteLilac1 6 · 0⤊ 0⤋
I havent ever heard of a parent giving up parental rights unless the child is going to soon be adopted. It sounds like this man is a jerk. You dont help bring a life into this world to wake up one day and sat I dont want the responsibilty of being a father. I would go to court and make sure that he does pay child support and when she is out of high school,graduated from college,gets married, and has kids ant least you will be the one to enjoy it all and he will be missing out. Whatever happens you be the best damn mother you can be and you love,support and give her a great life you dont need him anyway its not like he helped take care of her anyway.
2006-10-25 15:17:17 · answer #3 · answered by 2wild4u 3 · 0⤊ 0⤋
I'm not quite sure about Texas, but in Maine, all I had to do was file a termination paper with the Probate Court. I hired a lawyer to do this for me, since you also have to have him served or at least be aware of the situation. I would suggest contacting a lawyer, or doing some research on the Texas Probate Court system.
2006-10-25 15:09:52 · answer #4 · answered by Angela D 3 · 0⤊ 0⤋
WOW ... I have news for both of you. Just because he signs over his rights, doesn't mean he is exempt from paying. All his rights ensure is his ability to have a say in her life. It doesn't EVER take away his responsibility for having helped produce her.
The County Court building in your area can issue you the paperwork. But ... they will give you that same caution. If it were that easy or possible, you'd have every dead beat dad around the world ... just able to walk away by signing their name.
2006-10-25 15:25:59 · answer #5 · answered by Duchess 2 · 1⤊ 0⤋
If it were that easy, there would be millions of men doing it. Tell him nice try but pay up. Although I suspect you have trouble collecting with him overseas. Good luck.
2006-10-25 15:10:13 · answer #6 · answered by Kat 4 · 1⤊ 0⤋
why would you want to rob your child outta what he owes her. Let him pay up every single penny he owes her and while he is you continue to find out what to do to have him off her birth certificate. that asshole. hopefully he drowns somewhere overseas.
2006-10-25 15:10:48 · answer #7 · answered by prettyfalcon197 2 · 0⤊ 0⤋