signing over parental rights/child support

[katiek107]

In Texas, if a father wants to sign over all parental rights, could he still be obligated to pay child support?

 

[Proserpina]

In Texas, if a father wants to sign over all parental rights, could he still be obligated to pay child support?

Yes. Maybe.


What exactly are the circumstances?

 

[katiek107]

Well right now I am 7 1/2 months pregnant. Up until recently the father and I were in a relationship. Since the relationship has ended, he has been threatening to sign over his rights to our child once she is born because he does not want the responsibility since he has 2 other children with 2 other women, he currently only pays child support for one. Honestly, I wouldnt mind him signing his rights over at this point, however I would like and need the financial help. So if possible I would want him to pay child support either way.

 

[Proserpina]

Well right now I am 7 1/2 months pregnant. Up until recently the father and I were in a relationship. Since the relationship has ended, he has been threatening to sign over his rights to our child once she is born because he does not want the responsibility since he has 2 other children with 2 other women, he currently only pays child support for one. Honestly, I wouldnt mind him signing his rights over at this point, however I would like and need the financial help. So if possible I would want him to pay child support either way.

Then it's not going to happen; unless you are able and willing to support your child yourself or have a husband willing to adopt the child, Daddy isn't going to be able to relinquish his rights.

 

[katiek107]

So basically, if I want to get child support from him, I should not agree with him wanting to sign over his rights? And if, for whatever reason, his rights are terminated, would I not get child support?

 

[proud_parent]

Then it's not going to happen; unless you are able and willing to support your child yourself or have a husband willing to adopt the child, Daddy isn't going to be able to relinquish his rights.

I don't believe that is necessarily true for Texas, Pro.

Texas Family Code - Section 161.103. Affidavit Of Voluntary Relinquishment Of Parental Rights - Texas Attorney Resources - Texas Laws

Texas Family Code - Section 161.106. Affidavit Of Waiver Of Interest In Child - Texas Attorney Resources - Texas Laws

(Texas. It's like a whole other country. )

 

[proud_parent]

So basically, if I want to get child support from him, I should not agree with him wanting to sign over his rights? And if, for whatever reason, his rights are terminated, would I not get child support?

If his rights are terminated before an order of support is established, he would NOT be obligated to pay support.

§ 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.

If his rights were terminated after support is ordered, he would still owe any arrears.

 

[Proserpina]

So basically, if I want to get child support from him, I should not agree with him wanting to sign over his rights? And if, for whatever reason, his rights are terminated, would I not get child support?

Not quite.

Unless you can support your child by yourself and BOTH of you agree, he cannot have his parental rights terminated anyway (outside of a step-parent adoption) .

Terminating his rights also generally terminates his obligation to pay child support (though it doesn't necessarily wipe out any arrears).

 

[Proserpina]

Then I'll sit here and shut up

(heck, I'm always willing to learn!)

 

[proud_parent]

Then I'll sit here and shut up

(heck, I'm always willing to learn!)

You're not alone. The more I read about Texas law, the less I think I understand...

 

[Isis1]

You're not alone. The more I read about Texas law, the less I think I understand...

oh good, then it's not just me...

yeah...i actually got all excited of TX once, even posted the statute over that one once long ago...then i read it again...i only got more confused....

but yeah. texas will let you do that, IN THE CHILD's BEST INTEREST. there's still SOME hoops.