I live in Texas and I have a daughter that is now 18 months and has not seen her dad since she was a month and a half. I have a restraining order and he can not come around for 2 years. Our 2 years will be up in February of 2011 and I Wanted to get full custody of my daughter. He has never looked for her or giving me any money after we went to court for the restraing order

Is there any court order in place now other than the RO? Were you married? Is he on the birth certificate? Define what you mean by "full custody"!

We lived together but never married, to be honest there is no record of us even living together because I was the only one on the lease. He is on the birth certificate. I don't want him to have any rights to her. I would love it if I could get his name off the birth cirtificate

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Originally Posted by gracec068

He is on the birth certificate. I don't want him to have any rights to her. I would love it if I could get his name off the birth cirtificate

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Sorry ain't going to happen. Even if he wasn't on the birth certificate, since he had a part in conceiving this child he has the rights ANY father has. There is little you can do to change that. Not having him on the birth certificate would have only made it harder for him to exercise those rights.

Currently you already have full physical custody and, by default legal custody. If he wants to exercise his rights he will have go to court to get visitation or more. The likelihood of his getting physical custody is small, but there is a good possibility he will get visitation if he wants it.

Do you think he will want rights once the RO expires? What prompted the RO?

Im not sure he would want to I just don't want to take that risk. When we split I had told him it was over and to leave us alone. He got somad he said he was going to kill me and take my daughter! I have pictures where he punched holes in my apartment and he tried to hit me a few times. I just don't want him to come around my daughter.

With the RO, he is likely to only get supervised visitation if he asks for it. Maybe you can keep him from getting any.

If you think you can prove that he may be a danger to the child, you might get a TPR that way. I would consult with an attorney familiar with your local laws and courts to see what the probability of that is.