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icyunvtamica · Jan 11, 2007, 08:30 AM

My husband has a child with a woman prior to us getting married. He was not made aware of the child until the child was almost a year old. He has a court order to pay child support for this child. He has only seen the child the one time we went to get the paternity test. We do not know where the child and mother live nor a phone number to contact them. We want to know is there away for my husband to give up his parental rights without approval of the mother? The child lives in the state of Texas. If so is there away to file the papers with the courts on our own? Thank you!

ScottGem · Jan 11, 2007, 08:36 AM

Have you read other threads in this forum on the same subject? There are plenty. It seems to me that doing so would have answered your questions.

To reiterate. You can relinquish your parental rights but NOT your parental responsibility. If the paternity test shows he's the father, then he has to pay the child support. He does not need to mother's permission to relinquish his rights, but generally this is not done unless soemone wants to adopt the kid. He gains nothing by doing so, all he accomplsihes is losing any say in how the child is raised.

If he doesn't want to see the child then he need do nothing but pay the support. If he wants to see the child, then he can file for visitation rights.

Fr_Chuck · Jan 11, 2007, 08:47 AM

Sorry but I guess we have this question asked at least twice a day here,

If he wants to get rid of paying child support, no he can not do that without mothers consent ( and most likely not even then unless she is remarried and the new husband wants to adopt the child)

He may give up any rights to see, visit or have anything to do with the child, but he can not get rid of his obligation to pay child support.

Since the child could end up on public assistance at some time before 18, the state has a legal obligation to come after the father ( other parent) to be repaid for the expense.

Now if he does not know where the child is, or if he does not have visitation and isnot visiting the child that is his fault and he needs to do that. He can file a motion with the court for visitation rights and needs to. He is the father and should feel like he has a duty to be part of that child's life.

** I would add if he is this way with this child, is this really good hubby material for you in the future, if he is not willing to pay his obligations to this child, I would say I would have to take a serious look at him if he becomes your ex and leaves you with a child

s_cianci · Jan 11, 2007, 06:31 PM

The only way he can "give up" his parental rights (and responsibilities) is if someone else adopts the child. The mother would have to petition the family court for her county of residence in Texas and your husband's written consent would have to be obtained.