terminate rights

[VicChar1975]

Jurisdiction

Texas

My daughter is 11yo and has never met her father. As her father has neve met her either. We split up when I was about 3 months pregnant. He didn't want anything to do with her until about a year ago, but then nothing ever came about. I met someone else which is now my ex husband. My daughter thinks he is her dad but of course he isn't. I haven't told her who her dad is because I wanted to wait till she is old enough and can undeerstand everything. We recently spoke for the first time since she was born. He has paid child support on and off but is behind several thousand. I don't include cs in my finances since I never know if I will get any. He wants to terminate his rights and I agreed. How hard would it be to terminate and will he still have to pay back cs even though I'm fine without it?

 

[leslie82]

My daughter is 11yo and has never met her father. As her father has neve met her either. We split up when I was about 3 months pregnant. He didn't want anything to do with her until about a year ago, but then nothing ever came about. I met someone else which is now my ex husband. My daughter thinks he is her dad but of course he isn't. I haven't told her who her dad is because I wanted to wait till she is old enough and can undeerstand everything. We recently spoke for the first time since she was born. He has paid child support on and off but is behind several thousand. I don't include cs in my finances since I never know if I will get any. He wants to terminate his rights and I agreed. How hard would it be to terminate and will he still have to pay back cs even though I'm fine without it?

Termination of Parental Rights -

"Severing the parent-child relationship is very hard to do in Texas, as it should be. Most family law judges equate the termination of the parent-child relationship to be equivalent to the death penalty. If your parental rights are terminated, you are no longer the parent of the child or children. You don't have the right to see them, raise them, discipline them, or even to contact them. A new birth certificate can even be issued, with your name removed from the document. It is very, very serious and the courts treat termination cases as such."

5562 Voluntary Termination of Parental Rights
5562.1 Circumstances in Which Voluntary Termination of Parental Rights May Be Appropriate
CPS December 2013

DFPS does not accept voluntary relinquishments of parental rights as a means for children to enter DFPS conservatorship. For a child to enter DFPS conservatorship, DFPS must determine that there are grounds to remove the child.

If, in the course of a conservatorship case, a parent decides to voluntarily give up his or her parental rights, the caseworker pursues an affidavit of relinquishment only if:

• the parent voluntarily wishes to permanently discontinue the parent-child relationship; and

• permanently discontinuing the parent-child relationship is in the child's best interest.

5560 Involuntary and Voluntary Termination of Parental Rights

5562.2§161.103External Link of the Texas Family Code; and

• any additional specifications of the attorney handling the case.

If the voluntary relinquishment results from either informal or formal mediation, the caseworker must ensure that the applicable requirements explained in 5573 Agreeing to Accept DFPS Conservatorship Without Termination of Parental Rights are followed.

In particular, the caseworker must ensure that:

• the affidavit is not the result of fraud, duress, or coercion; and

• the parent is free of undue pressure to relinquish parental rights, as described in 5574.3 Parent Must Not Be Pressured to Relinquish Parental Rights.

The court must hold a hearing and order termination of parental rights to the child based on:

• the affidavit of voluntary relinquishment; and

• a finding that termination is in the child's best interest.

It sounds like it's not the easiest thing to do in Texas. Just because he hasn't always paid child support doesn't mean much. He has paid some. I guess it's all up to a judge who hears the case.

You should consult with a family law attorney as well as your ex. Also at 11 years old your daughter is old enough to know her biology. You should tell her about her biological father.

Then again were you two married when you had her? Did you ever go to court and establish his rights as a father? If he was never legally established as a father I'm not sure you would have to do this but again look up some lawyers to talk to. Most give free consultations.

 

[army judge]

My daughter is 11yo and has never met her father. As her father has neve met her either. We split up when I was about 3 months pregnant. He didn't want anything to do with her until about a year ago, but then nothing ever came about. I met someone else which is now my ex husband. My daughter thinks he is her dad but of course he isn't. I haven't told her who her dad is because I wanted to wait till she is old enough and can undeerstand everything. We recently spoke for the first time since she was born. He has paid child support on and off but is behind several thousand. I don't include cs in my finances since I never know if I will get any. He wants to terminate his rights and I agreed. How hard would it be to terminate and will he still have to pay back cs even though I'm fine without it?

If you've ever received welfare, food stamps, or any form of government assistance for you or your child, you can't forgive his child support.

The state can forgive it, but that RARELY ever happens, and when it does its for situations far different than yours.

However, you can keep your mouth shut, if he hasn't done paternity testing as you can't say legally that he's her father. Had you been married, your marriage would have ade him the putative father.

As it stands, based on what you've recited, you don't know legally who her father is.

If you don't bring it up, the kid won't care, USUALLY.

Kids generally become concerned about the CRAP adults dump on them.

You just be a good mom, she'll do just fine.

He's not going to ever wiggle out of owing that money, unless he dies.