vlockstead_83
Oct 2, 2011, 09:36 AM
How can I revoke my parental right from my children in the state of Texas.
cdad
Oct 2, 2011, 09:54 AM
How can I revoke my parental right from my children in the state of texas.
What is the purpose of the revocation ?
Fr_Chuck
Oct 2, 2011, 10:51 AM
If you are merely wanting to give up your rights, ( esp so you don't have to pay child support) then you can't.
If it is to allow someone else to adopt, then there is a legal procedure
ScottGem
Oct 2, 2011, 11:12 AM
Before posting a question here, it's a good idea to browse the forums first to see if there are similar questions. Had you done so you might have found this sticky note:
https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html as well as hundreds of other threads on this issue.
Please read the sticky and if you have any further questions, feel free to ask.
GV70
Oct 2, 2011, 11:51 AM
§ 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
parental rights must be:
(1) signed after the birth of the child, but not before
48 hours after the birth of the child, by the parent, whether
a minor, whose parental rights are to be relinquished;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(b) The affidavit must contain:
(1) the name, address, and age of the parent whose
parental rights are being relinquished;
(2) the name, age, and birth date of the child;
(3) the names and addresses of the guardians of the
person and estate of the child, if any;
(4) a statement that the affiant is or is not presently
obligated by court order to make payments for the support of the
child;
(5) a full description and statement of value of all
property owned or possessed by the child;
(6) an allegation that termination of the parent-child
relationship is in the best interest of the child;
(7) one of the following, as applicable:
(A) the name and address of the other parent;
(B) a statement that the parental rights of the
other parent have been terminated by death or court order; or
(C) a statement that the child has no presumed
father and that an affidavit of status of the child has been
executed as provided by this chapter;
(8) a statement that the parent has been informed of
parental rights and duties;
(9) a statement that the relinquishment is revocable,
that the relinquishment is irrevocable, or that the relinquishment
is irrevocable for a stated period of time;
(10) if the relinquishment is revocable, a statement
in boldfaced type concerning the right of the parent signing the
affidavit to revoke the relinquishment only if the revocation is
made before the 11th day after the date the affidavit is executed;
(11) if the relinquishment is revocable, the name and
address of a person to whom the revocation is to be delivered; and
(12) the designation of a prospective adoptive parent,
the Department of Protective and Regulatory Services, if the
department has consented in writing to the designation, or a
licensed child-placing agency to serve as managing conservator of
the child and the address of the person or agency.
(c) The affidavit may contain:
(1) a waiver of process in a suit to terminate the
parent-child relationship filed under this chapter or in a suit to
terminate joined with a petition for adoption; and
(2) a consent to the placement of the child for
adoption by the Department of Protective and Regulatory Services or
by a licensed child-placing agency.
(d) A copy of the affidavit shall be provided to the parent
at the time the parent signs the affidavit.
(e) The relinquishment in an affidavit that designates the
Department of Protective and Regulatory Services or a licensed
child-placing agency to serve as the managing conservator is
irrevocable. A relinquishment in any other affidavit of
relinquishment is revocable unless it expressly provides that it is
irrevocable for a stated period not to exceed 60 days after
the date of its execution.
(f) A relinquishment in an affidavit of relinquishment of
parental rights that fails to state that the relinquishment is
irrevocable for a stated time is revocable as provided by Section
161.1035.
(g) To revoke a relinquishment under Subsection (e) the
parent must sign a statement witnessed by two credible persons and
verified before a person authorized to take oaths. A copy of the
revocation shall be delivered to the person designated in the
affidavit. If a parent attempting to revoke a relinquishment under
this subsection has knowledge that a suit for termination of the
parent-child relationship has been filed based on the parent's
affidavit of relinquishment of parental rights, the parent shall
file a copy of the revocation with the clerk of the court.
(h) The affidavit may not contain terms for limited
post-termination contact between the child and the parent whose
parental rights are to be relinquished as a condition of the
relinquishment of parental rights.
§ 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A
parent may file a suit for termination of the petitioner's
parent-child relationship. The court may order termination if
termination is in the best interest of the child.
(b) If the petition designates the Department of Protective
and Regulatory Services as managing conservator, the department
shall be given service of citation. The court shall notify the
department if the court appoints the department as the managing
conservator of the child.
§ 161.1031. MEDICAL HISTORY REPORT. (a) A parent who
signs an affidavit of voluntary relinquishment of parental rights
under Section 161.103 regarding a biological child must also
prepare a medical history report that addresses the medical history
of the parent and the parent's ancestors.
(b) The Department of Family and Protective Services, in
cooperation with the Department of State Health Services, shall
adopt a form that a parent may use to comply with this section. The
form must be designed to permit a parent to identify any medical
condition of the parent or the parent's ancestors that could
indicate a predisposition for the child to develop the condition.
(c) The medical history report shall be used in preparing
the health, social, educational, and genetic history report
required by Section 162.005 and shall be made available to persons
granted access under Section 162.006 in the manner provided by that
section.
Thus you may RELINQUISH your rights, but not terminate them!!!!!!
GV70
Oct 2, 2011, 12:01 PM
http://www.state.il.us/court/Opinions/SupremeCourt/2008/January/103289.pdf
The Illinois Supreme Court has held that the termination of parental rights does not extinguish a child support obligation unless the child is being adopted.
In the Interest of C.E.K. 2006 Tex. App.
http://www.5thcoa.courts.state.tx.us/cgi-bin/as_web.exe?c05_07.ask+D+2040932
The Texas Court of Appeals reversed a termination of a mother’s parental rights for insufficient evidence that the termination would be in the child’s best interests.