Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   What's the law in Texas about giving up your rights (https://www.askmehelpdesk.com/showthread.php?t=663298)

  • May 24, 2012, 06:21 PM
    jna2012
    What's the law in Texas about giving up your rights
    Me and my boyfriend were on a break and on that break he slept with another girl. Two weeks later we decided to work things out and get back together despite what had happened .So the girl then comes out saying she is pregnant and it might be his my boyfriends kid so 9 months later she has the baby and then calls him saying she's putting him on child support . He says he wants nothing to do with her or her baby ,and is wanting to give up his rights . If he does this does he still has to pay child support?
  • May 24, 2012, 06:23 PM
    Wondergirl
    Has a DNA test been done yet to prove he is or is not the father?
  • May 24, 2012, 06:31 PM
    jna2012
    Not yet she recently contacted his mother asking for one
  • May 24, 2012, 06:36 PM
    jna2012
    Quote:

    Originally Posted by Wondergirl View Post
    Has a DNA test been done yet to prove he is or is not the father?

    Not yet she is asking for one
  • May 24, 2012, 06:36 PM
    Wondergirl
    Did you read the signing-rights sticky on this board? Here it is --

    This is a very frequently asked question here. And frequently answered. The following is a summary of the facts and covers most jurisdictions.

    1) A bio parent cannot be forced to relinquish their rights, it has to be voluntary.
    A) The only exceptions to this are where the bio parent cannot be found after a good faith effort to contact them or in cases where the bio parent represents a danger to the child.

    2) Most areas make it difficult for a bio parent to relinquish their parental rights. Usually its allowed only to clear the way for adoption of the child.


    3) Relinquishment of rights refers only to the right to have a say in how a child is raised.

    4) Relinquishment of parental rights may or may not affect parental responsibility depending on local laws. The parent can still be held responsible for child support or it will be even harder to get a Termination of Parental Rights. A TPR is NOT going to be granted just to let the parent off the hook for support.

    5) The only thing that allows ending responsibility is if the child is adopted, in which case the adoptive parents assume that responsibility.

    Those are the facts and apply to almost all circumstances in almost all areas. There are several threads here that discuss this issue in greater depth. I would suggest reading them before posting a question.

    On a personal note, I do not recommend relinquishing rights unless its to clear the way for adoption. A child deserves to know his parents, not matter how bad the person may have been. People can change.
  • May 24, 2012, 06:39 PM
    ScottGem
    There is this myth that a parent can just give up their rights, but its only a myth. If you would have browsed around this site before posting you would have founds thousands of threads dealing with this question.

    Your boyfriend should tell her to file in court for child support. He goes to court and denies he is the father and asks the court to order a paternity test. Once the test comes back, if it is negative he asks the court to dismiss the case. If it comes back positive then he will have to pay support. He will NOT be allowed to give up his rights. It will be up to him whether he wants to be an active part of HIS child's life. If he does then he asks for visitation. If not, he pays his support but ignores the child.
  • May 24, 2012, 06:42 PM
    jna2012
    Quote:

    Originally Posted by Wondergirl View Post
    Did you read the signing-rights sticky on this board? Here it is --

    This is a very frequently asked question here. And frequently answered. The following is a summary of the facts and covers most jurisdictions.

    1) A bio parent cannot be forced to relinquish their rights, it has to be voluntary.
    A) The only exceptions to this are where the bio parent cannot be found after a good faith effort to contact them or in cases where the bio parent represents a danger to the child.

    2) Most areas make it difficult for a bio parent to relinquish their parental rights. Usually its allowed only to clear the way for adoption of the child.


    3) Relinquishment of rights refers only to the right to have a say in how a child is raised.

    4) Relinquishment of parental rights may or may not affect parental responsibility depending on local laws. The parent can still be held responsible for child support or it will be even harder to get a Termination of Parental Rights. A TPR is NOT going to be granted just to let the parent off the hook for support.

    5) The only thing that allows ending responsibility is if the child is adopted, in which case the adoptive parents assume that responsibility.

    Those are the facts and apply to almost all circumstances in almost all areas. There are several threads here that discuss this issue in greater depth. I would suggest reading them before posting a question.

    On a personal note, I do not recommend relinquishing rights unless its to clear the way for adoption. A child deserves to know his parents, not matter how bad the person may have been. People can change.

    Thank you
  • May 24, 2012, 06:45 PM
    jna2012
    Quote:

    Originally Posted by ScottGem View Post
    there is this myth that a parent can just give up their rights, but its only a myth. If you would have browsed around this site before posting you would have founds thousands of threads dealing with this question.

    Your boyfriend should tell her to file in court for child support. He goes to court and denies he is the father and asks the court to order a paternity test. Once the test comes back, if it is negative he asks the court to dismiss the case. If it comes back positive then he will have to pay support. He will NOT be allowed to give up his rights. It will be up to him whether he wants to be an active part of HIS child's life. if he does then he asks for visitation. If not, he pays his support but ignores the child.

    Thank you yes this helps
  • May 24, 2012, 06:55 PM
    ScottGem
    I would add, that if he does decide to deny his child, that you reconsider whether you want to be in a relationship with someone who would abandon a child like that.

  • All times are GMT -7. The time now is 08:37 AM.