My soon to be husband has a pyscho ex-wife that is very tricky. They had a short lived marriage... about 2 months that they lived together and have been separted for nearly 1 year since the divorce was filed. (Divorce is nearly complete, but that's because she refuse to sign anything and it's all on his shoulders.) She let him name the baby and changed it on the birth certificate without his knowledge. They were married at the baby's birth and the baby has his last name, but he did not sign the birth certificate what are his rights in TEXAS? She is moving away and they have decided she will raise the child with her family and significant other and that he they will be divorced and he will have nothing to do with the child since she is moving far away and visitation will be difficult... does he need to terminate his rights and if so how? The divorce is nearly complete but his attorney says he has the upperhand since she has done nothing. Is it possible for him to terminate rights at the close of the divorce? Will he still be expected to pay child support for a child he cannot even see once the divorce is over and will there be back child support since they are separated but still technically married?

He would possibly have to pay back child support. Don't bother with terminating rights until her significant other decides to adopt the child because he would still be responsible to pay child support. It could work in his favor to wait until the significant other would want to adopt.

Signing Off From Parental Rights

Terminating rights does not terminate responsibility. Generally a court will not allow termination of rights unless there is someone waiting to adopt or he's a danger to the child.

There will be visitation orders, so he should be able to see the child if he wants, he could have requested from the courts to stop child from being moved out of the area. But giving up rights does not stop him from owing child support,

But yes he will have to pay child support and should be paying now under a temp separation order

But the separtion is not legally and we do send the baby things time to time but she makes way more than we do combined on her own. And he can't see the child if we don't know where she is. And the divorce is taking forever because she is avoiding the attorney and the paperwork.

He does't even know the child's name that she changed it to.

So your attorney files an emergany order demanding they produce the child in court, and provide the physcial address.

So your attorney files for an emergany custody order.

His is things your attorney needs to be doing.

But he will have to pay child support normally form the date of separation, so if you are not sending it now, est what it may be, and start putting it back

Well we are trying to avoid the child support from being in arrears. He would rather the child support, if and when ordered, it be active and not proactive. But is it possible to owe child support if your still married? His divorce attorney stated that since she is prolonging the divorce if they came to an agreement on visitaion and child support that is what the court would go by.