voluntary parental rights termination

[ladybug33]

What is the name of your state (only U.S. law)? Texas

Hi,

My husband and I are divorcing with no contest. We have both agreed we want his parental rights to my son to be voluntarily terminated (he adopted my son a few years back).

What is the process of making this happen-- do I need to hire a lawyer or is the process simple that we could do ourselves?

Also, where would we file the paperwork-- in Oregon (where my husband lives and the adoption went through) or in Texas (where I and my son live)?

Thanks.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

Hi,

My husband and I are divorcing with no contest. We have both agreed we want his parental rights to my son to be voluntarily terminated (he adopted my son a few years back).

What is the process of making this happen-- do I need to hire a lawyer or is the process simple that we could do ourselves?

Also, where would we file the paperwork-- in Oregon (where my husband lives and the adoption went through) or in Texas (where I and my son live)?

Thanks.

Poor kid...

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

Hi,

My husband and I are divorcing with no contest. We have both agreed we want his parental rights to my son to be voluntarily terminated (he adopted my son a few years back).

What is the process of making this happen-- do I need to hire a lawyer or is the process simple that we could do ourselves?

Also, where would we file the paperwork-- in Oregon (where my husband lives and the adoption went through) or in Texas (where I and my son live)?

Thanks.

Oregon will NOT allow you to do this.

Period. Even if.

 

[LdiJ]

Oregon will NOT allow you to do this.

Period. Even if.

Correct, however TX will and TX is where mom and the child are residing. While the situation is sad its probably for the best. If dad were bonded to the child he wouldn't be entertaining this.

 

[ecmst12]

I don't think even Texas will allow it under these circumstances. Especially if dad and child have bonded. And nor should they, have you even THOUGHT about your child's feelings over being dumped by his daddy over money?

 

[LdiJ]

I don't think even Texas will allow it under these circumstances. Especially if dad and child have bonded. And nor should they, have you even THOUGHT about your child's feelings over being dumped by his daddy over money?

Again, obviously dad is NOT bonded to the child or he wouldn't even be considering this. Odds are that the child is not bonded to him either. This was probably one of those stepparent adoptions that happened way too soon.

 

[mistoffolees]

Again, obviously dad is NOT bonded to the child or he wouldn't even be considering this. Odds are that the child is not bonded to him either.

It would be interesting to know how you have obtained that information.

 

[ecmst12]

I don't think it's obvious at all. He became dad for a reason. Now he doesn't want to pay child support and mom doesn't want to worry about long-distance visitation. No one is thinking about the child's feelings.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Texas

Hi,

My husband and I are divorcing with no contest. We have both agreed we want his parental rights to my son to be voluntarily terminated (he adopted my son a few years back).

What is the process of making this happen-- do I need to hire a lawyer or is the process simple that we could do ourselves?

Also, where would we file the paperwork-- in Oregon (where my husband lives and the adoption went through) or in Texas (where I and my son live)?

Thanks.

As you were told, you probably can't do this.

However, there's a simpler solution. If you're willing to terminate his parental rights, then simply don't bother asking for support. Dad can continue to see the child (which will be good for the child) and not have the expense.

(I'm not advocating Dad walking away from his responsibilities since I think both parents should support their kids, but if you're OK with not getting the money, at least the child should be able to maintain a relationship with Dad).

 

[CSO286]

As you were told, you probably can't do this.

However, there's a simpler solution. If you're willing to terminate his parental rights, then simply don't bother asking for support. Dad can continue to see the child (which will be good for the child) and not have the expense.

(I'm not advocating Dad walking away from his responsibilities since I think both parents should support their kids, but if you're OK with not getting the money, at least the child should be able to maintain a relationship with Dad).

"Ass"uming mom isn't receiving--and never will apply for--any public assistance.

That's a game-changer.

 

[mistoffolees]

"Ass"uming mom isn't receiving--and never will apply for--any public assistance.

That's a game-changer.

Yes, of course. I forgot to include that caveat.

But if Mom is not receiving any public assistance and never does in the future, she can simply not file for support.

 

[LdiJ]

I don't think it's obvious at all. He became dad for a reason. Now he doesn't want to pay child support and mom doesn't want to worry about long-distance visitation. No one is thinking about the child's feelings.

Yes, but someone who was bonded to a child would not be willing to give that child up so easily, child support or not, long distance visitation or not. If he feels any kind of bond with the child it cannot be a strong one or he wouldn't be willing to give the child up.

And if an adult is not strongly bonded to a child, the child isn't likely to be strongly bonded to the adult.

 

[Zigner]

Yes, but someone who was bonded to a child would not be willing to give that child up so easily, child support or not, long distance visitation or not. If he feels any kind of bond with the child it cannot be a strong one or he wouldn't be willing to give the child up.

And if an adult is not strongly bonded to a child, the child isn't likely to be strongly bonded to the adult.

But not EVERYBODY actually understands what a TPR means. They may just think that it's getting them out of CS.

 

[LdiJ]

But not EVERYBODY actually understands what a TPR means. They may just think that it's getting them out of CS.

That is a valid point. These people seemed to be understanding what they want to do, but its possible.

 

[ladybug33]

Hi,

Thanks for the replies.

I don't intend to share our personal experiences on here, but Dad and child are NOT bonded. We understand this is more than getting out of child support for Dad, we do not intend to do life together in any way after the divorce. It is the majority, if not unanimous, opinion this is for the best of the child from all perspectives.

SO, we live in Texas. I have heard Oregon won't do this. Thank you for that information. I have been to the courthouse, found the affidavit for relinquishment of parental rights. Just confused about the process from here--
if my husband fills it out and I turn it in for him in Texas, will the rights automatically be relinquished since both parents want this or can they deny us for some reason? Do we need to hire a lawyer for this process? Wanting it to be as simple and painless a process as possible.

Thank you.