My ex-husband and I were married for 15 years. He adopted my two children from my previous marriage. We are now divorced. At the time of our divorce, both of our minor children lived with him. In May, the daughter that he adopted, moved back with me. I have contacted my lawyer about child support. He stated that his lawyer said that he could relinquish his parental rights and not have to pay child support. I need to know if this is correct. This is in Texas courts.

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Originally Posted by pjtb65

He stated that his lawyer said that he could relinquish his parental rights and not have to pay child support. I need to know if this is correct. This is in Texas courts.

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Short answer-NO!

If his lawyer told him this he should be disbarred. Most likely your husband lied to you.

As I recall, TX is one of the states that does terminate BOTH rights and responsibilities when a TPR is issued. So, if the attorney told him that if his rights were terminated, he wouldn't have to pay support, that would be true. But his attorney probably also told him that he stands almost no chance of getting his rights terminated. He cannot voluntary just relinquish his rights. Only a court can terminate rights. And a court is not going to terminate rights just to let him out of paying support.

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Originally Posted by ScottGem

And a court is not going to terminate rights just to let him out of paying support.

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oops...ERROR: You must spread some Reputation around before giving it to ScottGem again.
However it is true. The taxpayers are not obligated to support children whose parents do not want to pay for their upbringing.

PS--the fact that the child is adopted has NOTHING to do with this. Adopted children and biological children have the SAME legal standing in the eyes of the court.

Even more--he willingly CHOSE to become the legal parent of his child. He can't just walk away now that he doesn't want to pay child support.

Get a lawyer yourself--if he's got one going into all of this, you'll want one yourself to be on equal footing with him.

He is bluffing, most likely did not even talk to an attorney, if he did, he is just trying to get you not to file.

I will assume you don't have an attorney ? Get one, and file

Please read this again...

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Originally Posted by ScottGem

As I recall, TX is one of the states that does terminate BOTH rights and responsibilities when a TPR is issued. So, if the attorney told him that if his rights were terminated, he wouldn't have to pay support, that would be true. But his attorney probably also told him that he stands almost no chance of getting his rights terminated. He cannot voluntary just relinquish his rights. Only a court can terminate rights. And a court is not going to terminate rights just to let him out of paying support.

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