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manda_lanelle · Sep 14, 2009, 08:52 AM

In the state of Texas, can my daughters father give up his rights because he thought I had a man to adopt her, when I don't have anyone to adopt her?

Justwantfair · Sep 14, 2009, 09:29 AM

No, the court will not just allow him to terminate his rights.

Synnen · Sep 14, 2009, 09:43 AM

Actually, I think Texas is one state that WILL allow termination of parental rights with no one to adopt--BUT--child support doesn't stop unless there is an adoption.

So... if he's terminating his rights to get out of child support, he's going to be unpleasantly surprised---IF the court allows it to happen in the first place.

manda_lanelle · Sep 14, 2009, 01:05 PM

Originally Posted by Synnen

Actually, I think Texas is one state that WILL allow termination of parental rights with no one to adopt--BUT--child support doesn't stop unless there is an adoption.

So...if he's terminating his rights to get out of child support, he's going to be unpleasantly surprised---IF the court allows it to happen in the first place.

Well I was told by my lawyer that the payment stops with the termination as if he is a stranger to the child.

Synnen · Sep 14, 2009, 01:13 PM

Why are you asking US, if you already have a lawyer?

ScottGem · Sep 14, 2009, 01:18 PM

There is a BIG difference between what the law says and what the courts will do. Your lawyer is correct that, in Texas, A TPR is complete and irrevocable.

And that is part of why courts will rarely grant them. If you went to the father and said, I have someone to adopt our child will you relinquish your rights and he agrees and you, in fact did not have such a person, you may be in BIG trouble. You just can't have "a man" to adopt her. You need to have a HUSBAND. So if you go to court without one, the court will throw the whole thing out and say come back when you are married.

It sounds to me like you are trying to get his rights terminated by trickery. NOT a good idea. Has your lawyer told you that as well?

manda_lanelle · Sep 14, 2009, 01:21 PM

Originally Posted by Synnen

Why are you asking US, if you already have a lawyer?

I'm asking because I think my lawyer may not be telling me the truth because I have been trying to read up on all of it.. he's paying for her so he can terminate and I'm just trying to figure things out.

manda_lanelle · Sep 14, 2009, 01:25 PM

Originally Posted by ScottGem

There is a BIG difference between what the law says and what the courts will do. Your lawyer is correct that, in Texas, A TPR is complete and irrevocable.

And that is part of why courts will rarely grant them. If you went to the father and said, I have someone to adopt our child will you relinquish your rights and he agrees and you, in fact did not have such a person, you may be in BIG trouble. You just can't have "a man" to adopt her. You need to have a HUSBAND. So if you go to court without one, the court will throw the whole thing out and say come back when you are married.

It sounds to me like you are trying to get his rights terminated by trickery. NOT a good idea. Has your lawyer told you that as well?

Okay... first of all he WANTED TO TERMINATE ON HIS OWN. I never said a word about it, and he FIGURED I HAD A MAN because he had heard I was dating, and by the time we actually went to court for him to tell me what he wanted to do (I had no idea until we stepped in the court room that he wanted to terminate) I had broken it off with my ex. So noo this is not "termination by trickery" or any sort of lying to him! This is all on him. He told me if I allowed him to terminate he would pay for my lawyer, and as I can not afford a lawyer to get him to not terminate, of course I agreed. And for the most part, I'm sure it will be better considering he is never in his sons life he will probably never be in her life either, termination or not.

JudyKayTee · Sep 14, 2009, 01:29 PM

Not correcting the error is, in fact, lying.

If you don't trust or believe your Attorney (who is far more familiar with Texas Law and your specific circumstances than we are) then it is time to find another Attorney.

I would care less about whether the father visits the child and a whole lot more about the father supporting the child. Don't need the money? Put it in the bank for the child's education.

I hope you aren't bouncing from man to man instead of supporting yourself and your child.

ScottGem · Sep 14, 2009, 01:35 PM

Ok, I'm sorry, but what you originally posted was very misleading and I believe my interpretation was accurate based on it.

He is going to be in for a surprise when he goes to court when the judge throws his case out. Maybe with a lecture about supporting his child. From your most recent post, it appears he's just trying to get out of paying support and the courts are not going to allow it. You go into court and tell the judge that you are not in a relationship, you have no husband to adopt and the father is trying trying to get out of paying to support his child.

manda_lanelle · Sep 14, 2009, 01:37 PM

Originally Posted by JudyKayTee

Not correcting the error is, in fact, lying.

If you don't trust or believe your Attorney (who is far more familiar with Texas Law and your specific circumstances than we are) then it is time to find another Attorney.

I would care less about whether the father visits the child and a whole lot more about the father supporting the child. Don't need the money? Put it in the bank for the child's education.

I hope you aren't bouncing from man to man instead of supporting yourself and your child.

Not that you need to know my personal life, but no. I work full time more than full time to support my daughter. She means more to me than any man in this lifetime ever will. And no, I never lied. He knew we broke up before court, he had called and asked if I was still with him and I bluntly said NO. I have done no lying to him.and everything that has happened the lawyers (his and mine) know about. And the only reason I'm not sure about my laywer is because he is paying for it, and I'm afraid since its going that way that they are on his side, not my daughters. I do get temp child support for now because they gave me 2 months to make up my mind on letting him terminate. And its not about the visiting, its about the legal help lying to a client.

If all your trying to do is make sense of my personal life then don't. That's not what I came here for, I came to find answers. And help basically.

stevetcg · Sep 14, 2009, 02:06 PM

Well, lets address one issue: if the lawyer is lying to you, he can be disbarred. And I promise you, no lawyer is going to risk that for some SHPOS deadbeat father.

As for the termination of rights - let your ex say what he wants. The lawyer is telling him he will try because he gets paid either way. The court will not allow it, particularly if it means he will also not be paying support.

manda_lanelle · Sep 14, 2009, 02:15 PM

Originally Posted by stevetcg

Well, lets address one issue: if the lawyer is lying to you, he can be disbarred. And I promise you, no lawyer is going to risk that for some SHPOS deadbeat father.

As for the termination of rights - let your ex say what he wants. The lawyer is telling him he will try because he gets paid either way. The court will not allow it, particularly if it means he will also not be paying support.

That's what I'm trying to figure out, if I need to get oppinions from other lawyers or what. And actually you have been the only helpful one and thank you

cdad · Sep 14, 2009, 02:23 PM

Unless there is an absolute reason why he should be allowed to terminate rights to the child then its not going to happen. It is VERY rare that it would be allowed.

Ref:
Family Law, Child Custody & Divorce Attorney/Lawyer - Dallas & Houston Texas - Holmes, Diggs, Eames & Puhl

There is the answer in whole.

manda_lanelle · Sep 14, 2009, 02:30 PM

Originally Posted by califdadof3

Unless there is an absolute reason why he should be allowed to terminate rights to the child then its not going to happen. It is VERY rare that it would be allowed.

ref:
Family Law, Child Custody & Divorce Attorney/Lawyer - Dallas & Houston Texas - Holmes, Diggs, Eames & Puhl

There is the answer in whole.

No matter what state you live in?

cdad · Sep 14, 2009, 02:34 PM

Originally Posted by manda_lanelle

no matter what state you live in?

The laws vary somewhat from state to state but yes pretty much any state is like that. You had asked about Texas law and I provided a link for reference that deals only in that subject. Termination of parental rights ( Texas )

ScottGem · Sep 14, 2009, 03:15 PM

Originally Posted by manda_lanelle

not that you need to know my personal life, but no.

if all your tryin to do is make sence of my personal life then dont. thats not what i came here for, i came to find answers. and help basically.

First, you clearly don't understand how sites like this work. You came here asking for help with a question that contained very little information and most that was misleading. Had you given us a more accurate and fuller representation of the facts, you would have gotten different responses. We don't need to know all about your personal life, but we DO need to know your marital/relationship situation and a bit about your financial situation. We also needed to understand who was behind the request for a TPR. Now that you supplied that information, we can give a better answer.

You also need to understand that we all VOLUNTEER our time and expertise here to help others. Everyone who has answered has tried to help you and you repay that effort by being snippy and questioning the advice. Not the best way to go about getting help.

Originally Posted by manda_lanelle

thats what im tryin to figure out, if i need to get oppinions from other lawyers or what. and actually you have been the only helpful one and thank you

I also need to take exception to this statement. In my first response, I stated, unequivocally, that your lawyer was correct about Texas law. But what the law says and how the courts apply that law can often be different things. I went on to tell you that he will be very surprised whgen he gets to court. Califdad linked you to one of the sites I checked to get an answer for you. If you had looked at the site instead of questioning his advice, you would have seen it was specific to Texas.

And, as he and I both said, courts throughout this country are very reluctant to grant TPRs. I posted a sticky note at the top of this forum that discusses this in detail. Generally they will only be granted to clear the way for an adoption or if the father represents a danger to the child. A TPR will NEVER be granted just to let the parent out of paying support.

Frankly, I think you owe the people who tried to help you an apology.