Easiest State for a Father Who Wants to Give Up Paternal Rights

[abcdefg19]

I'm in Mississippi right now, but we might be moving, so I thought I'd ask. My son's dad wants to give up paternal rights and I am fine with this. I am also not requesting support. However, I've read online that we have to go to court most places to complete this process. Are there any states that allow him to submit his paperwork and me to just agree to it by sending in my paperwork without having to go through a court case, since we're both fine with it? There is currently no court ordered support or established paternity. He's just on the birth certificate.

 

[single317dad]

You missed the boat on this one. Texas used to be pretty liberal with the TPR hammer, but have since reined that in. Sorry, you're stuck with the father you chose.

 

[justalayman]

? There is currently no court ordered support or established paternity. He's just on the birth certificate.

how is he on the birth certificate if there is no established paternity? Haven't checked Mississippi but every other state I have researched required and AOP to be filled out for the father to be put on the birth certificate and an AOP does establish paternity.




singledad317;

are you saying Texas doesn't allow voluntary termination of parental rights anymore? If so, when did that happen?

 

[abcdefg19]

You missed the boat on this one. Texas used to be pretty liberal with the TPR hammer, but have since reined that in. Sorry, you're stuck with the father you chose.

Thank you for your answer. If there's another man in the picture willing to sign an AOP (or whatever the relevant document would be at this point), does this change things in TX and make it a simple process again?

 

[Proserpina]

Thank you for your answer. If there's another man in the picture willing to sign an AOP (or whatever the relevant document would be at this point), does this change things in TX and make it a simple process again?

No honey, that would be called "fraud".

 

[single317dad]

singledad317;

are you saying Texas doesn't allow voluntary termination of parental rights anymore? If so, when did that happen?

They've been changing that stance for a few years now. I was reading some commentary from (I believe) the state supreme court a while back, talking about how loose they were with that rule in the past, how they've been working to change it, and how much less common it was now. I'll edit it in here if I can find it.

The first lawyer site in a Google search for "Texas voluntary TPR" (yes I know this isn't a good source, just throwing it in here until I find what I'm looking for):

http://www.crossattorney.com/family-law/termination-of-parental-rights/

It is not uncommon for a parent to seek to have his or her own parental rights terminated. Why? The most common reason is to try to get out of paying child support. While some judges used to allow this, most Texas judges now no longer permit it. The only sure way to voluntarily relinquish your parental rights is if there is someone else (e.g., the kids’ new stepfather) waiting in the wings to adopt the child.

§ 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS.

(b) The affidavit must contain:

(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.

 

[justalayman]

I didn't realize it was actually a courts right to deny the termination if the requirements of the law had been met. Maybe I need to do some looking myself.

 

[abcdefg19]

how is he on the birth certificate if there is no established paternity? Haven't checked Mississippi but every other state I have researched required and AOP to be filled out for the father to be put on the birth certificate and an AOP does establish paternity.




singledad317;

are you saying Texas doesn't allow voluntary termination of parental rights anymore? If so, when did that happen?

Our son was not born in MS, I don't want to say where he was born b/c that would identify me too much. Basically, at the hospital they gave us a bunch of medical forms. We didn't realize one of them was an AOP. He just signed it and they put him on the birth certificate. There was never any paternity test.

I was just wondering if things would be easier in TX if there was a stepfather willing to adopt or take over paternity in whatever legal way he could do so.

 

[Proserpina]

Our son was not born in MS, I don't want to say where he was born b/c that would identify me too much. Basically, at the hospital they gave us a bunch of medical forms. We didn't realize one of them was an AOP. He just signed it and they put him on the birth certificate. There was never any paternity test.

I was just wondering if things would be easier in TX if there was a stepfather willing to adopt or take over paternity in whatever legal way he could do so.

You have to be a stepparent in order to do a stepparent adoption.

So get married, stay married, then go and speak with an attorney.

 

[justalayman]

Our son was not born in MS, I don't want to say where he was born b/c that would identify me too much. Basically, at the hospital they gave us a bunch of medical forms. We didn't realize one of them was an AOP. He just signed it and they put him on the birth certificate. There was never any paternity test.
.

when you sign an AOP there is no need for a paternity test. The AOP establishes legal paternity.

maybe somebody should read what they sign.

if he is not the father, there are ways out of this. If he is the father, not so much.

 

[abcdefg19]

You have to be a stepparent in order to do a stepparent adoption.

So get married, stay married, then go and speak with an attorney.

Yes. I understand that.

 

[stealth2]

Another child to pity.

 

[abcdefg19]

Another child to pity.

My son is very happy actually. He got the dad of his dreams in my boyfriend. He has never liked my ex who was emotionally abusive to both of us. We're very happy with my boyfriend and just want to be a family, but were just not sure how to go about it. We thought there might have been a simpler process since all parties are in agreement, however, we'll just take the necessary steps. Thank you for all of your advice.

 

[Ohiogal]

Thank you for your answer. If there's another man in the picture willing to sign an AOP (or whatever the relevant document would be at this point), does this change things in TX and make it a simple process again?

So you are a liar and want to commit fraud? REALLY? Good grief. You don't get to play musical daddies. This is not a game. You chose him. You are stuck with him. Next time choose better (i.e. don't have sex with someone you can't stand and if you do, make sure you abort the child as then you won't have to deal with the father).

 

[Ohiogal]

My son is very happy actually. He got the dad of his dreams in my boyfriend. He has never liked my ex who was emotionally abusive to both of us. We're very happy with my boyfriend and just want to be a family, but were just not sure how to go about it. We thought there might have been a simpler process since all parties are in agreement, however, we'll just take the necessary steps. Thank you for all of your advice.

What happens when you and your boyfriend break up? The guy is NOT your child's dad.