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jennifernrogers · Jul 11, 2012, 10:32 AM

I am a mother of 2 great little boys. One is turning 4 in August and my youngest is turning 3 in October. I do not have custody of the oldest. I got both my sons taken away from me. I cleaned up my act and finally got custody of the youngest but not the oldest. He is with family that are fighting me to keep him. The family has had him since he was 10 months old. The family was suppose to just be temporary placement but they got attached to him and when it came time to give him back they hired there own lawyer to fight me to keep him. I will never be able to afford a lawyer to fight for him. I pay child support too. I get paid twice a month and each check averages only about $100 bucks due to the attorney general taking half. I can't live like this and struggle to take care of my youngest. Im thinking about what's best to do. And for me that terminating my rights to my first son and letting the family adopt him since that's what they want. Im doing this because I can't pay child support anymore. I have to make a living for me and my son. If I terminate my rights and let the fathers family adopt him then do I still have to pay child support. I work at sonic and only make $5 dollars an hr. That's NOTHING!! NO ONE CAN LIVE OFF THAT! ESPECIALLY TAKE CARE OF A CHILD ON THAT SALARY. Please help. I need answers and advice.
Jennifer R
The case is in Austin, Texas

iiMLadyJ · Jul 11, 2012, 07:00 PM

If you just terminate your rights, you will still have to pay child support until your son is adopted.
Usually termination of rights and adoptions are done at the same time(the termination of rights is done to make way for the adoption to occur. A court will not just terminate your rights just for you to avoid child support) I would say if that is your final decision and what you want to do, contact the family that has custody of your son and inform them of your decision. If they are serious and will adopt him, they can have their lawyer begin the adoption process. You will be served papers to sign that you consent consent to the adoption, or will have to make a court appearance in front of the judge to say you consent to it, and once the adoption is finalized, you will no longer be responsible for child support however you will still be responsible for any arrears.

Fr_Chuck · Jul 11, 2012, 07:25 PM

First it is a myth that you can terminate your rights, you just can't, But if you find a way, you would still pay support. Agree if there is a step parent they could adopt if they wanted.

If your pay is low, have you went to court to modify it to your wages.

Also 5 dollars a hour is under ( I beleive) min wage, I do not think they can legally pay you that low.

Synnen · Jul 11, 2012, 07:51 PM

She's a waitress--they can pay that low because of tips.

If the family who has your son adopts him, then your child support ceases with the adoption. You cannot terminate your rights without the adoption happening. You would owe any arrears that you currently owe, but no new support.

And really--the child knows that family as his family at this point. 3 years is a long time. You are probably doing the best thing for the child by considering adoption.