[mooshu1203]

My ex-husband was sentenced to prison for sexual assault of a child, his step daughter, which I subsequently found out was not his first sexually-oriented conviction. We have a 5 year old son that has not had any contact with his father since he was incarcerated (this happened when our son was about 9 months old.) I have provided all emotional/ monetary/ medical support for my son, without any help from any form of public assistance program. A court order established by the Office of the Attorney General forbids any contact between father and son, indefinitely, because it would "most likely prove to be emotionally or physically injurious" to my son. This order was also entered in as part of my divorce paperwork in court. Given the circumstances, can I file to revoke the parental rights of my ex-husband in the state of Texas? I have asked him to do so voluntarily, and he has agreed it would be in my son's best interest, that he would sign whatever paperwork is necessary. I am not remarried, nor is their any person attempting to adopt my son. My only concern is the very real probability of continued emotional or physical damage to a truly innocent victim in this whole mess. Thanks for your time...

[ScottGem]

You can try but I think it would be a waste of money. He is forbidden to contact your son. What more do you think revoking his rights would give you? I don't really see any probability, let alone a real one, of him being allowed contact.

If and when he tries to have contact you counter file to revoke. If you remarry you can try to adopt. But until either happens, I wouldn't waste my time or money.

[cdad]

I dont agree with Scott. You can have his rights revoked because he is a sexual preditor. From what your stating this is not his first conviction. By severing his rights what you will gain is the total loss of any rights he may have should you pass. If he remains the legal father then he will have legal standing if you should die in an accident or whatever before the child reaches 18 years of age.

[ScottGem]

By all means consult a local attorney who will know the mood of your local courts. But I still have the feeling that you will spend time and money to no advantage. He is not allowed any contact at this time. Why do you think terminating his rights, will give you any benefit?

[cdad]

Here is some more on the subject and how it applies to the OP.

LawServer


Grounds for Termination of Parental Rights Texas
Been convicted or has been placed on community
supervision, including deferred adjudication
community supervision, for being criminally
responsible for the death or serious injury of a
child or adjudicated for conduct that caused the
death or serious injury of a child and that would
constitute a violation of one of the following:
murder; capital murder; indecency with a child;
assault; sexual assault; aggravated assault;
aggravated sexual assault; injury to a child,
elderly individual, or disabled individual;
abandoning or endangering a child; prohibited
sexual conduct; sexual performance by a child; or
possession or promotion of child pornography

[ScottGem]

As we both know, allowable grounds for doing something doesn't mean it can or will be done. I agree with you, that a felony conviction, especially for child abuse, would make getting a TPR fairly easy in most circumstances. If the father tried to exercise his parental rights, the OP could counter file and would likely get a TPR. But in this situation, a court has already issued a no contact order. I'm wondering why it didn't issue a TPR instead. My feeling here is that a TPR will do nothing to change the situation the OP has so trying to get one would be a waste of time and money.

[J_9]

I agree with you, that a felony conviction, especially for child abuse,

The difference here is that it is not only child abuse, but sexual assault on a child. There is a major difference between the two.

Considering that this was not the first offense, a TPR should be a slam dunk.

I'm wondering why it didn't issue a TPR instead.

Most times a TPR has to be requested. It is not always automatically ordered.

[mooshu1203]

@#4
My concern is that once he is paroled, should anything happen to me, he would have legal right over my son. Even if he is denied contact, his family would have a legal standing to take custody. My son does not know these people, nor do I trust them not to allow him to see him. I have no family, other than my adult children, so I am worried about his future if anything were to happen to me.

[ScottGem]

OK, That I can understand. However a TPR may not be necessary. I would definitely consult with an attorney on the best way to deal with this issue. Maybe a TPR is best, maybe there is another way.

[mooshu1203]

Thanks so much... You've been helpful! As you can imagine, this has been a convoluted mess! I have struggled over this decision for several years, and I'm trying to make sure that this is the right decision for my son. Best wishes to all of you!

[ScottGem]

Good luck to you. Keep us informed.