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    glynna1952's Avatar
    glynna1952 Posts: 1, Reputation: 1
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    #1

    Aug 3, 2010, 08:17 AM
    Terminating parental rights and child support in Texas
    I have cousdy of my 10 year old grandaughter her mom is a drug user and felon and has no visitataion rights unless supersived by me. Mom wants to termadate her rights so she don't have to pay child support she cares more about her money than her daughter. I agree to this, but in the state of Texas can I do this or do I need also to adopt her?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #2

    Aug 3, 2010, 08:52 AM

    Actually she cannot do it. She can sign an AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS. According to § 161.103
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    GV70 Posts: 2,918, Reputation: 283
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    #3

    Aug 3, 2010, 09:04 AM

    If the question is,"Does termination of parental rights mean termination of support obligation" many states answer:"YES"
    But if the question is,"Can I terminate my rights to avoid my support obligation" without any reason -all states laws answer"NO'.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #4

    Aug 3, 2010, 09:07 AM

    The goal of VOLUNTARY RELINQUISHMENT OF PR is to make easier the process for step-parent adoption for example and this goal IS NOT to free the parents of their obligations.
    The court is concerned with two issues when it conducts a hearing during which the parent voluntarily terminates or relinquishes parental rights. The first issue is whether the actions of the parent are truly voluntary. Implicit in this issue is a determination by the court that the decision of the parent is both freely and knowingly given. The second issue is whether such a termination of parental rights is in the best interests of the child.
    The Michigan Supreme Court upheld one of lower courts' decisions and stated that it is in the best interest of the child to receive child support from both parents notwithstanding their wishes. And in this way it is a rule for all lower courts.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 3, 2010, 09:34 AM

    I believe Texas law terminates BOTH rights and responsibilities. So a TPR issued in TX would terminate support. Which is why it won't happen. Courts (at least in the US) will not issue a TPR if it means terminating support.

    Therefore, if you want to allow the TPR, you will have to adopt.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #6

    Aug 3, 2010, 09:39 AM
    Quote Originally Posted by ScottGem View Post
    I believe Texas law terminates BOTH rights and responsibilities. So a TPR issued in TX would terminate support. Which is why it won't happen. Courts (at least in the US) will not issue a TPR if it means terminating support.

    Therefore, if you want to allow the TPR, you will have to adopt.


    § 161.005. TERMINATION WHEN PARENT IS PETITIONER.
    (a) A parent may file a suit for termination of the petitioner's
    Parent-child relationship. The court may order termination if
    Termination is in the best interest of the child.
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