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Abandonment, Termination in TEXAS

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rmcc85

Junior Member
TEXAS--

The NCP has just been placed on probation for criminal non-support (felony-2 counts). He has missed all appointments and rumor has it, he is "on the run". He has not seen his children since they were in diapers 7 years ago. The child support is never paid so our way of life does not depend on that money coming in. I understand that termination of rights removes the obligation to pay child support and I am more interested in removing his possible, yet improbable interference in the kids lives, especially in the future. I am a single mother. Will the state terminate on these grounds or will they only terminate if an adoption is pending? I would also be interested in pursuing abandonment charges, which I feel he more than meets the requirements.
 


Isis1

Senior Member
TEXAS--

The NCP has just been placed on probation for criminal non-support (felony-2 counts). He has missed all appointments and rumor has it, he is "on the run". He has not seen his children since they were in diapers 7 years ago. The child support is never paid so our way of life does not depend on that money coming in. I understand that termination of rights removes the obligation to pay child support and I am more interested in removing his possible, yet improbable interference in the kids lives, especially in the future. I am a single mother. Will the state terminate on these grounds or will they only terminate if an adoption is pending? I would also be interested in pursuing abandonment charges, which I feel he more than meets the requirements.
as much as it pains me to say, this might actually be cause to termintate his rights. however, there are a few other requirements. since dad has supoprt established, that means paternity was also established. now, was a visitation order established?
 

Proserpina

Senior Member
TEXAS--

The NCP has just been placed on probation for criminal non-support (felony-2 counts). He has missed all appointments and rumor has it, he is "on the run". He has not seen his children since they were in diapers 7 years ago. The child support is never paid so our way of life does not depend on that money coming in. I understand that termination of rights removes the obligation to pay child support and I am more interested in removing his possible, yet improbable interference in the kids lives, especially in the future. I am a single mother. Will the state terminate on these grounds or will they only terminate if an adoption is pending? I would also be interested in pursuing abandonment charges, which I feel he more than meets the requirements.

Mom, please speak with a local attorney. As Isis indicates, there does seem to be grounds for the State to terminate - Texas is one of the relatively few States to allow TPR without a stepparent adoption.

But this does, honestly, need an attorney.
 

rmcc85

Junior Member
Paternity was established. His name is on the birth certificates. The children have his last name. He has a very limited custody/visitation order. He must have supervised visitation and pay for a neutral facility like the area family support services building. He has never once tried to initiate visitation since the order was put in place in 2003.

A bit more background here: He was abusive to me and the children. He also has a well established record of drug use. All this is noted in our court order. He didn't even bother to show up to contest it.

I have been told that the great state of Texas doesn't like to leave children fatherless, even on paper. But he has violated every aspect of his responsibilities listed in the order. I fear that he will appear in their lives in the future to their detriment.
 

Isis1

Senior Member
Paternity was established. His name is on the birth certificates. The children have his last name. He has a very limited custody/visitation order. He must have supervised visitation and pay for a neutral facility like the area family support services building. He has never once tried to initiate visitation since the order was put in place in 2003.

A bit more background here: He was abusive to me and the children. He also has a well established record of drug use. All this is noted in our court order. He didn't even bother to show up to contest it.

I have been told that the great state of Texas doesn't like to leave children fatherless, even on paper. But he has violated every aspect of his responsibilities listed in the order. I fear that he will appear in their lives in the future to their detriment.
given his track record, speak to an attorney. Texas does allow a termination of parental rights without a step adoption. just keep in mind, the judge may ask dad if he wants a second chance. given dad didn't even bother with the supervised visitation the first time, i don't see him following through if the judge ordered it again to see if dad would grow up.

now, one other question. is there a possible stepparent adoption?
 

rmcc85

Junior Member
given his track record, speak to an attorney. Texas does allow a termination of parental rights without a step adoption. just keep in mind, the judge may ask dad if he wants a second chance. given dad didn't even bother with the supervised visitation the first time, i don't see him following through if the judge ordered it again to see if dad would grow up.

now, one other question. is there a possible stepparent adoption?
No. I have a long-term boyfriend, but we have no plans to marry in the near future. We do not live together.
 

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