Relinquishing Parental Rights in the State of Tx?

Question

I am a mother of three, and my first child is four years old. The father of the child did not sign the Acknowledgment of Paternity (which is vital) when she was born. However, on the the child's birth certificate she has two last names, one is my maiden name, and the birth father's last name. All efforts to find him through the TX Attorney General have failed, I have no idea where he resides. The last time we spoke he spoke to my stepmother (whom cares for my children) about signing away his parental rights. He does not come and visit the child at all. He use to visit a couple of years ago, but not anymore. How can he go about signing over parental rights? Will he still have to pay child support to me? Does he have to get an attorney? If he signs over parental rights, is he admitting that he is the father? I need some answers! Thanks

Answer 1

You really should get a lawyer to help you however:
- If he terminates his parental rights he no longer owes child support either. That is why both of you have to agree to that and he cannot terminate without you.
- He can terminate his parental rights without making claim that he was entitled to them. He does not have to admit to being the father to terminate rights.
- He is not required to have a lawyer however he would be wise to get one.

Answer 2

Once parental rights are terminated the father will not owe any child support. Even if the birth certificate is not clear on who the father is, it is simply a matter of proving up paternity through blood tests so it should not be viewed as determinative simply because the birth certificate isn't accurate on this point.

Most family law lawyers in your state will be very famliar with the basic paperwork needed to file for and obtain a relinquishment of parental rights. As long as you both agree there would be no need to get separate lawyers. But the lawyer who is retained should technically represent one or the other of you, not both. A family law judge will normally grant the relinquishment of rights with a simple prove-up in court in a very short hearing (5 minutes or less). The key however will be to make sure you have a voluntary relinquishment signed by the father and hopefully that the father can appear in court too so that the judge can ask him some questions and makes sure he understand what he is signing.

Answer 3

First paternity would have to be established. most guys would love to take a paternity test. Then if does not want to relinquish his rights then you may be able to terminate his rights by fling for full custody due to abandonment by him. He has not supported the child right. no he would not have to pay child support caue legally the child is not his anymore

Answer 4

Both david and Kreo have partially correct answers so let's put them together to form a totally correct one.

In Texas, a PRESUMED (not legal) father may terminate any future rights he may have in a TPR petition. You can also file such a petition naming him the father (presumed) and he can have his rights (presumptive) terminated by simply not answering the petition. You do not need his acceptance to do this.

The rights of an alleged father may be terminated if:

after being served with citation, he does not respond by timely filing an admission of paternity or a counterclaim for paternity;
he has not registered with the paternity registry, and after the exercise of due diligence by the petitioner:
his identity and location are unknown; or
his identity is known but he cannot be located; or he has registered with the paternity registry, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.

A Petition for the Termination of Parental Rights is filed in the county where the child resides or the county where the potential adoptive parents reside. If the biological parents are voluntarily agreeing to the termination of their parental rights, an Affidavit of “Voluntary Termination of Parental Rights” for one or both biological parents is filed with the Petition or in the court’s file where the Petition is filed following the filing of the Petition. An attorney ad litem is appointed to represent the child in the termination of parental rights proceedings. If one or more of the biological parents contests the termination of parental rights, the filing proceeds like any other lawsuit, and is concluded with either a bench or jury trial.

The Petition for Termination of parental rights may be filed prior to a child’s birth, but the Affidavits of Voluntary Relinquishment (voluntary termination of parental rights) may not be signed until 48 hours after the birth of the child.

Upon the termination of parental rights in Texas, the parent (whose parental rights were terminated) is no longer responsible for future child support. However, child support arrearages that were accumulated prior to the termination of parental rights continue unless they are addressed/resolved by the Order of Termination of Parental Rights.

The rights of an alleged father may be terminated if:

after being served with citation, he does not respond by timely filing an admission of paternity or a counterclaim for paternity;
he has not registered with the paternity registry, and after the exercise of due diligence by the petitioner:
his identity and location are unknown; or
his identity is known but he cannot be located; or he has registered with the paternity registry, but the petitioner's attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful, despite the due diligence of the petitioner.