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  1. #1
    katiek107 is offline Junior Member
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    signing over parental rights/child support

    In Texas, if a father wants to sign over all parental rights, could he still be obligated to pay child support?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by katiek107 View Post
    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?
  3. #3
    katiek107 is offline Junior Member
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    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.
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    Proserpina is offline Senior Member
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    Quote Originally Posted by katiek107 View Post
    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.
  5. #5
    katiek107 is offline Junior Member
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    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?
  6. #6
    proud_parent is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    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.

    [url=http://law.onecle.com/texas/family/161.103.00.html]Texas Family Code - Section 161.103. Affidavit Of Voluntary Relinquishment Of Parental Rights - Texas Attorney Resources - Texas Laws[/url]

    [url=http://law.onecle.com/texas/family/161.106.00.html]Texas Family Code - Section 161.106. Affidavit Of Waiver Of Interest In Child - Texas Attorney Resources - Texas Laws[/url]

    (Texas. It's like a whole other country. )
  7. #7
    proud_parent is offline Senior Member
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    Quote Originally Posted by katiek107 View Post
    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.
  8. #8
    Proserpina is offline Senior Member
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    Quote Originally Posted by katiek107 View Post
    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).
  9. #9
    Proserpina is offline Senior Member
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    Then I'll sit here and shut up

    (heck, I'm always willing to learn!)
  10. #10
    proud_parent is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    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...
  11. #11
    Isis1 is offline Senior Member
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    Quote Originally Posted by proud_parent View Post
    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.

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