Voluntary Parental Rights Termination, please help! I'm at my witts end!

[MissMandyness]

Hello,

I am in dire need of some advice. My fiance had a child out of wedlock about a few months before we met. He did not sign the birth certificate yet the mother still gave the child his last name even though they will basically a one night stand. The child is now 2 years old and my fiance has had no contact with him since he was sent home from the hospital when he was born nor any contact with the mother. We are now pursuing for him to have his parental rights terminated and give all to the mother of the child. The mother of the child had agreed to this and wants to pursue the action also but neither one of us know how to do this without an attorney. My fiance has never even been established as the father through the State of Texas nor has he been set up with child support for the child. Is it even possible to do this on our own without attorneys? Everyone seems to have a different answer to this and we are so completely confused. Neither of the parties can afford the legal fees (we've both been told around $2500 for a non-contested case) but feel this is something that has to be done. Please help!

 

[Gail_in_Georgia]

Your boyfriends needs an attorney to complete this process. There is no "we" or "our" involved here; in the eyes of the law, you are considered to be a legal stranger in all of this.

Gail

 

[jacksgal]

Give up what rights!? He did not sign Birth Certificate or acknowledgment of birth! He is "not" the legal Father of this child and has no parental rights to give up!!

 

[Duranie]

What makes your fioancee think that he can do this? It is not that easy. The state will very likely not allow this, especially if the mom is on any sort of government assistance. He cannot legally terminate his rights unless the baby is being adopted out. Why should tax payers support his child and not him? If mom agrees not to go on child support, or on government assitance then that is up to her. Also if paternity was never even established there are no rights to terminate.

Your fiancee is dreaming if he thinks his responsibilities to this child are going away. Mom would be foolish to agree to raise this child on her own. She can file for child support and to establish paternity at any time, and if she has applied for any government assistance, your fiancee will get a child support order from the state.

If he choose not to be involved and not see the child, then that is fine but he must support the child if mom asks for it, or the state files.

If I were him, establish paternity and see if the child is even his, and then visitation.