In the state of Texas what are the laws according to this question?
2007-03-03 13:48:45 · 15 answers · asked by racheldawn_03 1 in Family & Relationships ➔ Marriage & Divorce
My husband has an ex who says the kids are his but we don't know for sure. She doesn't take him to court but she threatens him every time she talks to him.
2007-03-03 14:00:42 · update #1
no judgemental answers needed. It's just a question.
2007-03-03 14:22:23 · update #2
It depends on teh state... then.... even within the states judges can order differnt things....
here's the deal....
If your husband is interested in knowign teh kids... file a demand for a paternity test... then you will know for sure...
If not...just more on... no matter what teh state, his ex cannot get chidl support for ANY time BEFORE she filed to recieve it. So, unless she actually files you have nothign to worry about.
2007-03-03 15:35:36 · answer #1 · answered by Jennifer Anne 4 · 0⤊ 0⤋
A man can’t just give up his parental rights. Termination of parental rights has to be approved by a judge. It actually easier to do this in Texas than it is to do in other states. Most other states generally won’t allow it without a stepparent adoption, but Texas will as long as it’s determined to be in the child’s ‘best interest’. However, it does NOT automatically relieve the parent from the obligation from paying child support. So, his rights can be terminated and he can still be ordered to pay child support.
2007-03-03 23:44:30 · answer #2 · answered by kp 7 · 1⤊ 0⤋
Giving up "parental rights" is an inexact phrase.
One answerer, said trying to "termanate his parental rights" but keeping support, sounds just like she's getting visitation denied.
Men can't declare "parental rights" abolished. If she goes on welfare, the state will come back.
The only way I know of the giving up "parental rights" is allowed if the child is being adopted by the mother's new husband, in which case, there would no longer be child support, but if she got divorced from the adoped father, he'd have to pay the support.
But I'm not a lawyer ask one.
2007-03-03 22:07:13 · answer #3 · answered by mt_hopper 3 · 0⤊ 0⤋
Please, to stop this woman from doing this, consult with an attorney there in Texas. There should be an attorney, that would be willing to do a half hour consult for free. I don't think child support would be paid when he gave up his rights, but best to make sure. She could have sole custody, but still he would need to pay. But giving up rights, I'm not sure. Wish you the best. Take care.
2007-03-03 23:19:38 · answer #4 · answered by SAK 6 · 0⤊ 0⤋
He cannot give up his parental rights just like that unless a court takes them away from him.
There has to be someone else to take over the parental responsibilities, and until there is he pays.
2007-03-03 22:03:12 · answer #5 · answered by Ti 7 · 0⤊ 0⤋
First step would be to establish paternity. If he is not the father, then of course, he owes nothing. You can terminate rights, but if the kiddos are his, then he really should step up to the plate. Terminating ones rights because of the mother really shows what a weasel he is and I cannot believe that someone would want to be with someone who does not take care of his responsibilities.
2007-03-03 22:07:41 · answer #6 · answered by swtz69drmz 5 · 0⤊ 0⤋
not to sure about Texas. but i am in the process of terminating the parental rights of my exhusband who is living in California ( i am in Arkansas) he has not seen my son for 5 years and has not payed child support for a total of 4 years. my lawyer said that i could terminate his rights and he would still be obligated to pay. but it is harder to get the courts to accept that. best advice call a lawyer and ask them for sure. like i said it can be done in Arkansas.
2007-03-03 21:55:29 · answer #7 · answered by want a princess baby 4 · 0⤊ 0⤋
No. If you give up parental rights, then u have given up recognition of any moral responsibility to the kid and thus u don't owe any money that will take care of her/him. A weak comparison is the way that women can have abortions if they want to duck responsibility. Guys use giving up parental rights in the same way. Now that's Equality!
2007-03-03 21:55:09 · answer #8 · answered by Vince R 5 · 0⤊ 1⤋
I am not in Texas but in my state if he signs off his rights he wouldn't have to pay. If she didn't put him on the birth certificate then he doesn't have any "parental rights" to sign off on and paternity would have to be proven before he would be forced to pay child support(ordered by a judge). If she doesn't ever take him to court I wouldn't worry about it.
Used to work in child welfare - but not in Texas!
2007-03-03 22:06:38 · answer #9 · answered by jillmarie2000 5 · 1⤊ 1⤋
Don't know about TX, but in OH, if you give up your parental rights you pay no child support.
Only a coldhearted snake would give up parental rights. I mean, it's your CHILD! You should want to pay for his/her care!
2007-03-03 21:51:56 · answer #10 · answered by sandiemaye 4 · 1⤊ 0⤋