Check out some similar questions!

mbabygirle · Aug 24, 2008, 11:56 PM

How Can A Father Give Up Rights To Children That He Can Not See Due To The Mother?

GV70 · Aug 25, 2008, 01:16 AM

Originally Posted by mbabygirle

How Can A Father Give Up Rights To Children That He Can Not See Due To The Mother?

Yes, and he can be free from his obligations,too

mbabygirle · Aug 25, 2008, 07:58 PM

He is in san antonio tx,and the case is out of jourdanton,tx where she used to live as of now we believe she still here in the area of san antonio or beeville,tx! He has not seen or heard from these kids in like 12 yrs. She doesn't want him to have anything to do with them but she will take whatever moey is sent to them. She will not divorce him either that's another thing how can he divorce her does she have to sign papers or can he doit alone? She asked him to give up his rights several years ago and now won't sign papers to do so. How can he go about giving up his rights? Where should we start?

Fr_Chuck · Aug 25, 2008, 08:31 PM

First no he can just stop seeing the child and keep sending his child support.

But of course he can see the chld if he wants to, he just has to fight for it in court.

stinawords · Aug 26, 2008, 05:50 AM

Ok is she remarried to a man that wants to adopt? He can't just sign over his rights. If he is legally still married to her then he gets a lawyer and goes to court to get a divorce then a support order and visitation order will be put in place.

ScottGem · Aug 26, 2008, 05:54 AM

As has been noted in hundreds of similar threads, getting a TPR is very difficult. I doubt if it would be granted in this case.

As for divorce, it would appear that the wife has abandoned the husband and that should be grounds for divorce without her agreement. What he NEEDS to do is consult an attorney who can help him prepare the legal documents.

Fr_Chuck · Aug 26, 2008, 06:05 AM

Ok if you would give all the information at first it helps get the better answers.

If there is someone willing to adopt, yes you can give up custody and not have to pay child support, I hate to see a father who does not want to see their child, since forcing the mother to allow you to see the child is what should happen.

JudyKayTee · Aug 26, 2008, 06:31 AM

Originally Posted by Fr_Chuck

Ok if you would give all the information at first it helps get the better answers.

If there is someone willing to adopt, yes you can give up custody and not have to pay child support, I hate to see a father who does not want to see thier child, since forcing the mother to allow you to see the child is what should happen.

I still don't see that all the info is here - doesn't it say somewhere that the mother won't give the father a divorce - ?

There can't be someone willing to adopt because there can be no legal second marriage.

I don't see the whole story here.

mbabygirle · Aug 26, 2008, 04:31 PM

Well she has a boyfriend that wanted to adopt since we haven't seen or heard from her since last yr. in court she flat out told the jugde all she wanted was his money and the judge told she had to let him see the kids well it's a yr. later and sh'e moved and he has yet to see these 2 girls. Outside the court room she told his family and I was present that she don't care what anyone said he's not to see those kids because they have a father which is her boyfriend, that's who they know is daddy! His family told her of course they know someone else as dad because you won't let us or their biological dad have contact! Believe me he has always wanted to c his kids and told the judge so but she moves around so much we can never locate them. My b/f has even told the judge you see that's all she wants is money doesn't care about the kids so he told the judge why should I pay for kids that don't know me and I can't ever see. Never has the judge once made an order for her to let him see the girls which are 13 and I believe 9. we have even brought up how she does drugs and her b/f was locked up for child molesting one of the girls and NOTHING was done. So now he sits in jail again for not paying and she just collects and who knows where the money goes,maybe to drugs!

ScottGem · Aug 26, 2008, 04:40 PM

Um, if he hasn't paid he deserves to be in jail. I'm sorry, but that's the law. He needs to fight for the kids. Why doesn't he try for custody? Why hasn't he badgered the court to cite her for contempt of court? Does he have an attorney?

Visitation and support are generally kept separate. As long as the court orders support he has to pay or be jailed. But if she refuses to let him see the kids then she can be jailed as well. He needs to push it.

JudyKayTee · Aug 26, 2008, 04:42 PM

Originally Posted by mbabygirle

well she has a boyfriend that wanted to adopt since we haven't seen or heard from her since last yr. in court she flat out told the jugde all she wanted was his money and the judge told she had to let him see the kids well it's a yr. later and sh'e moved and he has yet to see these 2 girls. outside the court room she told his family and i was present that she don't care what anyone said he's not to see those kids because they have a father which is her boyfriend, thats who they know is daddy! his family told her of course they know someone else as dad because u won't let us or thier biological dad have contact! believe me he has always wanted to c his kids and told the judge so but she moves around so much we can never locate them. my b/f has even told the judge u see thats all she wants is money doesn't care bout the kids so he told the judge why should i pay for kids that don't know me and i can't ever see. never has the judge once made an order for her to let him see the girls which are 13 and i believe 9. we have even brought up how she does drugs and her b/f was locked up for child molesting one of the girls and NOTHING was done. so now he sits in jail again for not paying and she just collects and who knows where the money goes,maybe to drugs!

Please don't use text speak on the legal boards.

Her boyfriend cannot adopt the children - only a legal spouse can adopt children and that's after a marriage of a certain time, at least a year.

Who brought this to Court the last time? It sounds like your boyfriend - you have no legal standing - needs to go back into Court and demand custody.

I thought perhaps everything was not posted - You did not mention previously that your boyfriend has not paid child support and is in jail for his refusal to pay. This pretty much precludes him taking anyone to Court any time soon.

Maybe she uses the money to support her children, maybe she doesn't. Someone, someplace is supporting these children - and it's not your boyfriend. I note you are not certain of the ages of his children, which is a little troubling.

When he gets out he needs to go back to Court - and perhaps go with an Attorney if this is as unjust as you have described.

JudyKayTee · Aug 26, 2008, 04:46 PM

Originally Posted by mbabygirle

he is in san antonio tx,and the case is out of jourdanton,tx where she used to live as of now we belive she still here in the area of san antonio or beeville,tx! he has not seen or heard from these kids in like 12 yrs. she doesn't want him to have anything to do with them but she will take whatever moey is sent to them. she will not divorce him either thats another thing how can he divorce her does she have to sign papers or can he doit alone? she asked him to give up his rights several years ago and now won't sign papers to do so. how can he go bout giving up his rights? where should we start?

He can't just give up his rights in Texas.

If the younger daughter is 9 and he's the acknowledged father (which you have posted) I doubt he hasn't had contact with the mother and children in 12 years.

She doesn't need to divorce him. He can file against her. A Court will try to divorce case and make its conclusion - which will not affect child support, which is a whole different issue.

He sues for divorce. She either "appears" and it goes to negotiations and perhaps trial or she skips the whole thing and he gets divorced by default.

It's that simple.

JudyKayTee · Aug 26, 2008, 04:47 PM

Originally Posted by ScottGem

Um, if he hasn't paid he deserves to be in jail. I'm sorry, but that's the law. He needs to fight for the kids. Why doesn't he try for custody? Why hasn't he badgered the court to cite her for contempt of court? Does he have an attorney?

Visitation and support are generally kept separate. As long as the court orders support he has to pay or be jailed. But if she refuses to let him see the kids then she can be jailed as well. He needs to push it.

This is coming out in pieces - he hasn't seen the children in 12 years.

One of the children is 9.

I see problems with this thread and the validity of the info.

stinawords · Aug 26, 2008, 05:17 PM

Wow, I thought the original question was hard to understand. Now with more info it is really becoming a bigger and bigger mess of contradicting statements. He needs to get a lawyer and bad if he wants a chance at getting a visitation order. But that also means that he will have to be out of jail so needs to get his support payments straightened out because I don't know of a judge that will order children to go to a jail for visitation.