View Full Version : Termination of parental rights in Texas?
jenniz80
Dec 30, 2012, 03:25 PM
Okay, here goes. I have 2 wonderful children that I have raised on my own. I have seriously thought about having their father terminate his rights. He rarely pays child support. I could use the money for my kids. But I have gotten used to the idea he is a dead beat dad that won't pay or ever care for their needs. My visation order implies he can see them 1st, 3rd, and 5th Sunday of each month from 1-5pm with supervision. He never wants to see them and has never been there for them since babies. My oldest will be 10 this year. My oldest always tells me he wants nothing to do with him. But as a parent first I tell him he might change his mind later when he gets older. He also did see a lot of verbal/physical abuse from their father upon me. Until I left him for good 3 years ago and never looked back. I am not doing it to harm anyone or be despiteful. Just want to do what's best for my kids as they are what matters most to me. Any advise would be greatly appreciated!
ScottGem
Dec 30, 2012, 03:46 PM
Where do you get the idea that he can get his rights terminated? There is this myth that a parent can give up their rights, but its mostly a myth.
You might want to read this sticky: https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html
If you marry and your new husband wants to adopt, then you might be able to get his rights terminated as part of an adoption.
Why does he rarely pay support? Isn't there a support order? Why isn't it enforced?
jenniz80
Dec 30, 2012, 03:54 PM
I have had a child support order in effect since 2004. Where he is suppose to pay medical insurance and child support. But he works when he wants. When the few payments come in through OAG. He then quits or works for cash. I don't ever see him since I have a PO order for another 2 years and my children are included. Except for the Sunday/supervision visits that he has access too but doesn't take advantage of that to see them.
AK lawyer
Dec 30, 2012, 03:54 PM
... Any advise would be greatly appreciated!
The way this works is that you have to ask a question before you can get an answer.
But I have a question: Why, even if you could, terminate his rights? Since he never uses his rights anyway, what difference would it make?
jenniz80
Dec 30, 2012, 04:00 PM
Let me ask you though? He more likely will never be able to visit with my kids without supervision because he does have an extensive criminal background (felonies- assault on a public official, assault w/bodily injury, personal injury to a child-another child of his) if I was to hire an atty would I have a chance? Please advise your honest opinion.
jenniz80
Dec 30, 2012, 04:06 PM
Well yes you definitely have a great point! He never uses the little rights he has. I have full custody. He has very little rights. I just want to make sure I am doing the right thing. I wish he could be a great father Like the one I have. But I know its not happening. Some people tell me to pursue it some say no. I will have a lot of research to do.
ScottGem
Dec 30, 2012, 04:27 PM
With the PO and his criminal history, you MIGHT be able to get his rights terminated as a danger to the children.
But I echo AK's question. If he isn't exercising his rights, why go through the hassle and expense of trying to terminate them? With the PO and the support order, you are keeping him to a life of jumping job to job.
My advice is, if and when he tries to exercise his rights, then you can get a lawyer and go to court to block him and maybe get his rights terminated.
jenniz80
Dec 30, 2012, 04:33 PM
Thank you both for your great advise! I will let it rest for now. I will keep your advise in mind and pursue it with an Atty if needed.
Happy almost New Years!