Voluntary Termination of Rights to Child. Is it Possible.

[ConcernedDad]

My ex-fiance found out she was pregnant and within a month packed and moved out of state when i was at work. She is unwilling to communicate with me and has made it clear she does not want me around. Is there a way for me to voluntarily terminate my parental rights as I feel that even with court ordered visitation there is going to be more harm then good done for child in this matter. I hate to even consider this option, but I feel that with her recent actions, and the way communication is highly limited that my future child would be more susceptible to emotional harm than good. Please help me to know if this is a possibility as I feel it is best interest for my future child.

 

[shrinkmaster]

Terminate what rights? Until you sign birth documents or court declares you Father after paternity test you are not child's legal Father

 

[ConcernedDad]

She is due I believe late September early October from my best estimate. I am sure there will be a paternity test requested immediately following the birth of the child. At that point I will be the legal father, as I am certain it is mine. I do not know if there is a way to terminate rights for best interest of child as I know the treatment she shows me now will only roll over to after the child is born and cause more harm than good just trying to stay informed of anything.

 

[Proserpina]

Texas is one of a teeny number of states which does allow for a voluntary termination of parental rights and obligations outside of a stepparent adoption IF the other parent can satisfy the court's requirement that s/he will be able to fully support the child completely without ANY help from the state.

That said, it's not commonly done.

What might be easier for both of you is that you don't establish paternity, and Mom never files for child support.

Easy peasy.

 

[ConcernedDad]

I could care less regarding child support as it is my child, In a very rare contact with her she made it clear that she is not returning to the state of Texas or to me. I don't know if the fact that the baby was conceived in Texas, but born out of state affects anything, or how papers are filed if she does request paternity test in pursuing support. Does the request go through Texas where I am located, or through whatever state she moved to. What state laws would govern the rights of termination, the child support, the overall process for custodial rights and if I am lucky visitation that I am sure she will fight that I get none.

 

[Proserpina]

Sigh. Okay, where IS Mom?

(This would have been handy to know )

 

[army judge]

Even in Texas, one would first have to prove paternity before beginning the process of relinquishing paternity.

But, the problem becomes more complex because mom is no longer in Texas, and the child has yet to be born.

I'm afraid there is little you can do until the baby is born and paternity has been established.

That said, is the pregnant female at least 18 years of age?

I suspect, if the child goes to term and is born, the mom to be will find you for her child support payments.

 

[shrinkmaster]

The only way there will be a paternity test is if you, Mom or courts request it. No court will request this without petition from you or Mom unless Mom seeks some sort of state or Federal aid

 

[ConcernedDad]

Sigh. Okay, where IS Mom?

(This would have been handy to know )

You are absolutely right, I believe she is in Alabama as she has family there, But there is also family in Louisiana. So guess is as good as mine.

 

[ConcernedDad]

That said, is the pregnant female at least 18 years of age?
I suspect, if the child goes to term and is born, the mom to be will find you for her child support payments.

There is no doubt she will find me, I'm not really hiding, still the same address she walked out the front door of. And she is legal drinking age, so Yes I would have to say 18 is in her past by a few years.

 

[Proserpina]

Then you cannot willingly do a TPR without a stepparent adoption.

 

[shrinkmaster]

What Mom could do (called backdoor adoption by some) is name another man as Father and allow him to sign birth documents. Its fraud but its done. If that is case the fraudulent Father will be child's legal Father until such time as the fraud is discovered. You can of course challenge paternity if you choose.

 

[Proserpina]

We have a moderator suggesting illegal activity?

 

[ConcernedDad]

Well, now its all twisted, she called last night saying she wants to fix things. Called from her mothers phone which now clarifies more than likely Alabama. I told her come back and we can try to mend the wounds and continue down lifes path, but she is unwilling to compromise and return to Texas, in her words "Not ever gonna happen". I don't know if her intentions are to work OUR relationship out, or if it is more-so to communicate for our child. Life is a mess, you can clean up any mess you want, but it never seems to fit cause as soon as the mess is clean another one seems to be lurking right behind it (Almost like my son's toy room). I thank you for the advice and insight, I am going to do the inevitable and try to see where things go as my Heart belongs to her still. Thank you.

 

[shrinkmaster]

We have a moderator suggesting illegal activity?

First off I am not a Mod why I have that title I have no clue as I have no Mod tools. Second, and most important, I am not suggesting illegal activity I am stating something that Mom could do I am in no way suggesting she do this