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buturfli78 · Jan 12, 2009, 02:04 PM

I live in Texas and I have a daughter that will be 5 in March. Her biological father has not seen nor financially supported her since she was 2. I am thinking about going to court to get his rights relinquished. We were never married and never had legal documentation ordered on my daughter and he now lives in Colorado. He has again recently married. I have all of his information and I'm just wondering the likelihood of this taking place and the whole process of what needs to happen. Please advise, thank you.

stevetcg · Jan 12, 2009, 02:11 PM

Why are you trying to get his rights terminated? Unless you are married and your husband wants to adopt her, chances are his rights will not be terminated.

buturfli78 · Jan 12, 2009, 02:25 PM

Because I do not want him to have any rights to her in any way. Its not about child support or anything like that, its just he has not nor will he be there for my child. I am currently in a relationship with who I will probably marry I'm just not sure when. I was told that I can go after him as abandoning my child and that is how I can pursue it.

this8384 · Jan 12, 2009, 02:54 PM

Asking the courts to take away his rights is going to open up a whole can of worms that you've managed to avoid up until this point. If you file, they're going to order a paternity test to establish him as the biological father. One that's established, he's going to be entitled to visitation with his daughter. And as steve pointed out, even if he wanted to, the courts usually will not let him relinquish his parental rights unless another party is willing to legally adopt the child.

Fr_Chuck · Jan 12, 2009, 03:19 PM

Yes, first it is very likely they will not take his rights away. But you will have to file in court and most likely he will end up with rights if he fights

stevetcg · Jan 12, 2009, 03:38 PM

Originally Posted by buturfli78

Because I do not want him to have any rights to her in any way. Its not about child support or anything like that, its just he has not nor will he be there for my child. I am currently in a relationship with who I will probably marry I'm just not sure when. I was told that I can go after him as abandoning my child and that is how I can pursue it.

Unfortunately its not that simple. Just because you don't want him to have rights doesn't mean he shouldn't have them.

You could *possibly* use his lack of contact as a grounds for involuntary terminiation to clear the way for an adoption once you marry and have been married a while (1 year in most places) but its not a slam dunk by any stretch of the imagination.