Adoption and Terminating Rights (Texas)

[pesterfield3]

First off, I would just like to say that I just love this Family Law forum. There are so many different parts and you all are so helpful! I think I might be addicted now, LoL!!!

Okay, I have posted about this before and I am SO not giving the story again because it is L O N G! If you want to read it just to have a more detailed idea, go to: https://forum.freeadvice.com/forumdisplay.php?f=37 It is about me wanting to move but all of that has been solved. He admitted he was just saying that stuff to upset me and truthfully, he just wants to sign over his rights so he can get on his life with his other children.. yes, he's a moron that should have his sperm taken away, haha.

I will give you all a very brief idea of my story because I really am here to get legal advice, lol but I figure it would be better this way but I am not including detail so please do not give your personal opinion on my life, yes I was young and stupid - lets move on. Basically my daughter is a product of a one night stand, a week later my husband and I started dating and had sex. I got pregnant from the one night stand and not from my husband; however, I did not know who the father was. 2 months later, my husband and I got married. My ex basically wanted nothing to do with my pregnancy or her. When she was born, she really didn't look black but she didn't look white either. So, we assumed that she was my husband's child bio (he has african american in his decent) and put him on the birth certificate and also, the hospital would have automatically put him on there because of marriage. Then months went by, her skin darked and we realized that she was in fact not my husband's child so I filed for CS and paternity testing. That got filed along with custody and visitation. He is SO behind on his visitation. Has 2 other children (would have 6 children altogether but convinced 3 of them to have abortions) and their mother puts out so he of course goes to see them. Who doesn't pass up an oppurtunity to get some and see your children, right? We have talked about this back in April of him signing over his rights (he brought it up) and was all for it. However, we didn't have the money so I just kept on trying to put him off. He didn't see her all summer but then for her birthday his other gf (he has many) came back in town for school so he started trying to play daddy again.

My husband loves my daughter more than anything, he has been there since I was 2 days pregnant and never cared who her sperm donor was. They are quite a little pea in a pod. We are moving 1300 miles away and we know if he won't see her when we're 5 minutes a way, he isn't going to see her when she's HOURS away. I have screwed up ALOT in so many decisions I have made but I feel this is one thing that I feel is completely right. We're really worried about certain things. Like if we ever divorced (not planning to but you never know the future), my husband would have no legal visitation rights to her at all and he doesn't like that at all AND if I ever died, he wouldn't ever get to see her because he has no legal rights. He doesn't feel that is fair to her at all to put someone in her life for so long and then just yank them out due to paternity. The NCP does pay child support but that is being cancelled ASAP as soon as the court costs and dna test is paid for. We are leaving in 5 months and I want to at least have his rights terminated because we can do the adoption in Florida if we have to. We've always wnated to do this but just recently have we had the money due to our tax return. When I talked to a lawyer from the many times he's wanted to sign over his rights, they have told me for the entire process (adoption + termination), it will cost round about $2000 if not more. Now that is a BIG sum. If father is completely willing, is there a way I can file this on my own. I have no idea how to do this... is there some books I can check out at the library? I SO need help. I was here before and I know someone told me to go to the law library at the courthouse but I have no idea what I'm supposed to bring, what the fees are? I want to do this without an attorney because the father wants to be involved in every move (he's worried about having to pay child support after rights are terminated) and wants to be aware .. he's afraid a lawyer will jip him and no, he's not willing to help pay which I can understand since the entire reason he is doing this is to save him money.

thanks in advance!!!

And omG! I really did not mean for it to be this long. I really need help making shorter posts, I am so freakin' detailed and I hate it!

 

[Grace_Adler]

I'm not really sure what to tell you but I can try to throw some ideas your way.

I would first start researching. Go to Google and look for "Texas Statutes". Search through the statutes on termination of parental rights and adoptions. (Also try putting what you are searching for in quotations.)

Then I would do a search to see if your state has a website where you can download forms, if not, you can obtain them at your local courthouse. Just go there and tell them you want to file for a TPR (Termination of Parental Rights) and stepparent adoption. You will need to make sure of any requirements and grounds to file on the TPR and stepparent adoption before you do this.

You will also probably have to do a homestudy through DSS (Dept of Social Services)for the adoption. I know that here, the forms can be found through the Dept of Health and Human Services website, so do some research and see if your state offers something similar.

You'll have to pay DSS for the homestudy, you can call and ask them how much or if it's possible to have it waived, which might also be mentioned in the statutes. And you'll have to pay filing fees and the court costs which the courthouse will be able to tell you. I know that here, the homestudy is either$250 or $200 and filing fees I think are $45 for each petition for each child. And in NC it goes before the Clerk of Court, not a judge.

That's all I can think of for now.

Good Luck!

 

[ceara19]

I already know the Texas statutes and the OP has no basis for TPR.

1. If mom choses to waive further CS, it can't be held against dad.
2. There is no such thing as being behind in visitation. He doesn't HAVE to see the child even though he has the RIGHT to.
3. 6 minus 3 equals 3, not 2. Anyway it doesn't matter how many other children he has or what his relationship with those children is.
4. Your husband's been there since you were 2 DAYS pregnant?!? Your pretty fast there, don't you think?
5. Have you even gotten permission to move 1300 miles away yet?

Each one of your posts have had different versions of the same story. First dad doesn't want you to be able to move, then he wants to sign over his rights, then he says it's okay to move, but he's not signing over his rights, NOW he's fine with the move AND he wants to sign over his rights. Which story is the truthful one?

 

[Grace_Adler]

**I don't know if she has grounds to file or not. Maybe she does, maybe she doesn't. She said he hasn't paid support or seen the child, so MAYBE she can file on one of those grounds or others. She also said the father wants to relinquish his rights. Since this is the case, she shouldn't have any problem doing a TPR.

FAMILY CODE

CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

SUBCHAPTER A. GROUNDS


§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) 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 under the following sections of the Penal
Code or adjudicated under Title 3 for conduct that caused the death
or serious injury of a child and that would constitute a violation
of one of the following Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child); and
(xiii) Section 43.26 (possession or
promotion of child pornography);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Protective and Regulatory Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency has
made reasonable efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Protective and Regulatory Services for not less than nine months
as a result of the child's removal from the parent under Chapter 262
for the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription, as defined
by Section 261.001; or
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; and
(2) that termination is in the best interest of the
child.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 709, § 1, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 751, § 65, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 575, § 9, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1022, § 60, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1087, § 1, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1390, § 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 809, § 1, eff. Sept. 1, 2001.

§ 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.
(b) If the petition designates the Department of Protective
and Regulatory Services as managing conservator, the department
shall be given service of citation. The court shall notify the
department if the court appoints the department as the managing
conservator of the child.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 68, eff. Sept. 1,
1995.

§ 161.101. PETITION ALLEGATIONS. A petition for the
termination of the parent-child relationship is sufficient without
the necessity of specifying the underlying facts if the petition
alleges in the statutory language the ground for the termination
and that termination is in the best interest of the child.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

 

[Grace_Adler]

**You might also get him to relinquish his rights.

§ 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment
of parental rights must be:
(1) signed after the birth of the child, but not before
48 hours after the birth of the child, by the parent, whether or not
a minor, whose parental rights are to be relinquished;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(b) The affidavit must contain:
(1) the name, address, and age of the parent whose
parental rights are being relinquished;
(2) the name, age, and birth date of the child;
(3) the names and addresses of the guardians of the
person and estate of the child, if any;
(4) a statement that the affiant is or is not presently
obligated by court order to make payments for the support of the
child;
(5) a full description and statement of value of all
property owned or possessed by the child;
(6) an allegation that termination of the parent-child
relationship is in the best interest of the child;
(7) one of the following, as applicable:
(A) the name and address of the other parent;
(B) a statement that the parental rights of the
other parent have been terminated by death or court order; or
(C) a statement that the child has no presumed
father and that an affidavit of status of the child has been
executed as provided by this chapter;
(8) a statement that the parent has been informed of
parental rights and duties;
(9) a statement that the relinquishment is revocable,
that the relinquishment is irrevocable, or that the relinquishment
is irrevocable for a stated period of time;
(10) if the relinquishment is revocable, a statement
in boldfaced type concerning the right of the parent signing the
affidavit to revoke the relinquishment only if the revocation is
made before the 11th day after the date the affidavit is executed;
(11) if the relinquishment is revocable, the name and
address of a person to whom the revocation is to be delivered; and
(12) the designation of a prospective adoptive parent,
the Department of Protective and Regulatory Services, if the
department has consented in writing to the designation, or a
licensed child-placing agency to serve as managing conservator of
the child and the address of the person or agency.
(c) The affidavit may contain:
(1) a waiver of process in a suit to terminate the
parent-child relationship filed under this chapter or in a suit to
terminate joined with a petition for adoption; and
(2) a consent to the placement of the child for
adoption by the Department of Protective and Regulatory Services or
by a licensed child-placing agency.
(d) A copy of the affidavit shall be provided to the parent
at the time the parent signs the affidavit.
(e) The relinquishment in an affidavit that designates the
Department of Protective and Regulatory Services or a licensed
child-placing agency to serve as the managing conservator is
irrevocable. A relinquishment in any other affidavit of
relinquishment is revocable unless it expressly provides that it is
irrevocable for a stated period of time not to exceed 60 days after
the date of its execution.
(f) A relinquishment in an affidavit of relinquishment of
parental rights that fails to state that the relinquishment is
irrevocable for a stated time is revocable as provided by Section
161.1035.
(g) To revoke a relinquishment under Subsection (e) the
parent must sign a statement witnessed by two credible persons and
verified before a person authorized to take oaths. A copy of the
revocation shall be delivered to the person designated in the
affidavit. If a parent attempting to revoke a relinquishment under
this subsection has knowledge that a suit for termination of the
parent-child relationship has been filed based on the parent's
affidavit of relinquishment of parental rights, the parent shall
file a copy of the revocation with the clerk of the court.
(h) The affidavit may not contain terms for limited
post-termination contact between the child and the parent whose
parental rights are to be relinquished as a condition of the
relinquishment of parental rights.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 69, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 561, § 9, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 561, § 3, eff. Sept. 1, 2003.


**If he wants to relinquish his rights, you should have no problem filing and getting this done. TX is pretty similar to NC in this regard but people I know that did a stepparent adoption, didn't even have to file under any grounds because the other parent relinquished thier rights and the COC was ok with that.

§ 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If
the court finds by clear and convincing evidence grounds for
termination of the parent-child relationship, it shall render an
order terminating the parent-child relationship.
(b) Except as provided by Section 161.2061, an order
terminating the parent-child relationship divests the parent and
the child of all legal rights and duties with respect to each other,
except that the child retains the right to inherit from and through
the parent unless the court otherwise provides.
(c) Nothing in this chapter precludes or affects the rights
of a biological or adoptive maternal or paternal grandparent to
reasonable access under Chapter 153.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 709, § 2, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 751, § 72, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 561, § 1, eff. Sept. 1, 2003.

**You can also find all the statutes you need for adoptions at this site..

http://www.capitol.state.tx.us/statutes/fa.toc.htm

§ 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject
to the requirements for standing to sue in Chapter 102, an adult may
petition to adopt a child who may be adopted.
(b) A child residing in this state may be adopted if:
(1) the parent-child relationship as to each living
parent of the child has been terminated or a suit for termination is
joined with the suit for adoption;
(2) the parent whose rights have not been terminated
is presently the spouse of the petitioner and the proceeding is for
a stepparent adoption;
(3) the child is at least two years old, the
parent-child relationship has been terminated with respect to one
parent, the person seeking the adoption has been a managing
conservator or has had actual care, possession, and control of the
child for a period of six months preceding the adoption or is the
child's former stepparent, and the nonterminated parent consents to
the adoption; or
(4) the child is at least two years old, the
parent-child relationship has been terminated with respect to one
parent, and the person seeking the adoption is the child's former
stepparent and has been a managing conservator or has had actual
care, possession, and control of the child for a period of one year
preceding the adoption.
(c) If an affidavit of relinquishment of parental rights
contains a consent for the Department of Protective and Regulatory
Services or a licensed child-placing agency to place the child for
adoption and appoints the department or agency managing conservator
of the child, further consent by the parent is not required and the
adoption order shall terminate all rights of the parent without
further termination proceedings.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 14, eff. Sept. 1,
1997; Acts 2003, 78th Leg., ch. 493, § 1, eff. Sept. 1, 2003.

 

[ceara19]

Go back and read her previous threads. The story changes everytime.

 

[Grace_Adler]

I didn't really have the time right now to filter through 73 threads. I came across this one and answered it based on the info provided. Know what I mean?

 

[ceara19]

I didn't really have the time right now to filter through 73 threads. I came across this one and answered it based on the info provided. Know what I mean?

I understand completely. When I saw this one, I actually remembered some of the other threads she started on the SAME subject, only the facts were different in each one.

 

[Grace_Adler]

Yeah, I know what ya mean. I try not to jump people too much when they are learning their way around here because some of them don't understand or know to put their posts together when they are talking about the same subject but then there are some who do know better. And then you have some who jumble up their story by accident and then you have those who do it intentionally and it becomes really hard to tell who is doing and saying what. And lately, I just don't come on as often as I used to so I'm not able to keep up with all of it that much.

Thank goodness they have it where you can take your cursor and hold it over different threads so it allows you to skim over them to see which ones you might be able to help with and you don't have to read the whole thing. It saves so much time. So it's important to get to the point in the first paragraph if possible. So I do that and answer the ones I think I might be able to and then keep on skimming.

Actually I'm just on because I've been working on a paper all night. I can't believe how time got away from me and I'm actually headed to bed. Damn! I said I wasn't going to do this again! Famous last words. LOL

 

[pesterfield3]

I already know the Texas statutes and the OP has no basis for TPR.

1. If mom choses to waive further CS, it can't be held against dad.
2. There is no such thing as being behind in visitation. He doesn't HAVE to see the child even though he has the RIGHT to.
3. 6 minus 3 equals 3, not 2. Anyway it doesn't matter how many other children he has or what his relationship with those children is.
4. Your husband's been there since you were 2 DAYS pregnant?!? Your pretty fast there, don't you think?
5. Have you even gotten permission to move 1300 miles away yet?

Each one of your posts have had different versions of the same story. First dad doesn't want you to be able to move, then he wants to sign over his rights, then he says it's okay to move, but he's not signing over his rights, NOW he's fine with the move AND he wants to sign over his rights. Which story is the truthful one?

Alright, first off - they're ALL truthful. He didn't want me to move but then he said if I cancel his child support, he will not stop me from moving and said then that he would sign over his rights. Then his mother talked to him and told him not to sign over his rights because she still wants to see Danielle. He changes his mind everyday about signing over his rights or not. That is why I have been posting different circumstances because I want to be aware and if you would have noticed on my moving post, I posted that he said it was okay for me to move but I wanted to be well informed in case he changed his mind.

1. I am aware I cannot hold CS against him if I cancel it - I am not cancelling it to get him for abandonment. I am cancelling it because that $32 a week is not worth my daughter screaming her head off everytime she has to go with him or keep saying mama, dada running after me and my husband. And then he doesn't show up again for 2 more months.

2. You are right, he does not HAVE to go to visitation. I was not going to use that in the court of law, lol. I used that to show how much he does not have a part in her life and I even stated that.

3. What are you talking about 6 minus 3, equals 3, not 2? I said that he has 2 other children (keyword: OTHER) than my daughter. He convinced 3 other girls to have abortions, 3+3 = 6. There ya go. I know it does not matter how many children he does or would have. I again was using that for people to understand just how irresponsible he still is. The judge does not care what he does in his pasttime sexually.

4. And as I said, in my previous posts - I was YOUNG, STUPID, and NAIVE. This has NOTHING to do with this subject. My husband and I were dating on and off, I was dating my daughter's bio father, we had sex once and he made up some bogus story why he had to leave right after and wouldn't return my calls. I realized what he was after and my now husband called me up that next day to tell me how much he missed being with me and we started dating and then shortly got married after. No, it was not the most logical or responsible decision ever but it is one we made and I am SO glad we made it.

5. I do not need permission by the court of law to go 1300 miles away. I already looked at my court order and called my case worker and OAG. I have to give the father, state, and OAG a 60 day notice of any new info along with my new address and contact number which I have already done.

 

[pesterfield3]

Changes each time?!!?

1. He didn't want me to move away, so I wanted the laws on it.

2. He said I could move away as long as I stopped his CS and he was willing to sign over his rights so I wanted to know how I could do it cost effectively.

3. He then said that he no longer wants to sign over his rights in case I die he wants her, so I wanted the laws on that.

I am sorry that he keeps on changing his mind every day. I cannot help that - I want legal advice on the situation. Not on my personal decisions from 2 years ago or if I am telling the "real" story or not. As I put in one of my posts, my story IS confusing and if you have any questions, ASK!

 

[pesterfield3]

Gracie,

Thank you so much for helping me. You didn't comment on my personal life, you just gave me legal advice, that was really sweet. HOWEVER, he's going through his "I don't wanna sign over my rights" again. I asked him why and he tried telling me that its because he just loves his little girl so much. And I was like, okay - if you love her so much, why don't you see her more. And then he said that okay, its not about me loving her - its my mom. She doeesn't want me to sign over my rights, if it wasn't for her, I would. Then he said it's also because he wants Danielle to decide if she wants my husband to adopt her or not, that he doesn't want to decide the fate of an 18 month old. And to a point, I agree with him. It just worries me, he told me that he doesn't want to sign over his rights but if I cancel his child support that he'll act like he did sign over his rights but he'll reserve his rights for his mother (I know you legally cannot do that). I told him that I would never deprive his mother of seeing her granddaughter. He said that he'll never see her again or pursue trying to get me to stay in Texas as long as I stop his childsupport. I haven't stopped it yet because I am aware of how much he can screw me over ... I just don't know - he is stressing me out SO much. Each day is some new drama with him. I wish he would make up his mind about what he wants. He said this is what he wants but who knows?!?!

I am going to copy and paste the info you gave me and save it to a document on my computer so I can have it in case he ever makes up his mind!

Thank you again!

 

[pesterfield3]

I thought this was a different board that I post on because I decided to stop going here. I had just woken up and went here after receiving the email of a response and it didn't even register with me that it was not the same board. You might not understand the above posts because some of the posts were not posted here and was in fact posted on the other board: Labor Law Talk.

Sorry if there was any confusion.

 

[ceara19]

What ever it is that he finally decides, needs to be put into writing BEFORE you take action an whatever it is he is agreeing to. If he says it's ok to move, make sure you get it in writing and file it with the court. Otherwise, you could very well end up moving, only to have to move back because he changed his mind again and decides he doesn't want you to move the child away.

If you agree to no support, YOU can change your mind at any future point and petition for CS to resume.

If everybody is in agreement that dad wants to terminate his rights and step dad wants to adopt the child, then it needs to be taken care of BEFORE you move to make it as easy as possible and to ensure that no one can change their mind again.

 

[pesterfield3]

He is not the type to even try taking me to court but putting it in writing and having both of us signing it is a good idea! I will do that.

I do understand that i can change my mind about support and that is the only hold I have on him. I told him if he tries exercising his rights to see her or be any part in her life then I will reinforce CS. I guess that sounds me being cruel but I feel what I am doing is in the best interest of my daughter to have a stable home.

He completely told me last conversation that he will not sign over his rights, that I had my chance and I passed it up which is completely NOT true. I told him to wait until we had our tax return so we could have the money. He will never truly make up his mind EVER! This is why I have so much confustion, stress, and frustration. If we stuck with ONE plan then that would be great but its always changing so I'm always havign to get diff legal advice on each situation in case he does that. Its nerve wrecking. I actually blew up at my dad the other day because he criticized me for cancelling his CS and told me I was stupid and that he could get me for kidnapping!!