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I need to help a friend here. Texas

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Senior Member
Ok,..... I need to help a friend here. Texas........
A daughter of one of my clients, they are common law married, and she just found out she is pregnant after they called off the wedding(they do have affidavit of common law marriage).......

The father wants to give up his rights to get out of paying child support,.... somewhere on here I read even if the father gives up his rights he still has to pay child support unless another “someone” steps in to claim the child as their own......... I can not find the statutes anywhere that holds that up,... can someone help me find it?? Or how this works???.......... thanks


i am in texas and per our lawyer's because my ex considered this possibility a while back unless your friend remarries, and i say remarries because they will have to get a divorce, and her new husband wants to adopt the child then her current husband is on the hook for cs whether he severs his rights or not. In texas as well they will not grant a divorce until after she has the baby. No court will allow a child to be born out of wedlock by dissolving the marriage that created that child before it is born. She needs to consult a lawyer and see if she can get the paperwork started so that as soon as she has the baby the divorce can be finalized.

Good luck to her!


Senior Member
she has a lawyer, but I told her just because he severs his parental rights does not get him off the hook for support, unless theres an adoption of some sort.... the lawyer said thats not correct.......

so i'm lost now I can not find the statutes on it to show her I'm right.....

she's got the paper work in the works, for when the baby is born to get the divorce.......


i don't where her lawyer got his information but from everything I have ever read and been told by my own lawyers is that he cannot terminate his rights to get out of support. Because the state of Texas does not want to support the child. I would have her call around to a few other lawyers ask them the same question. What part of texas is she in?


Senior Member
he cannot give up his rights unless she wants him to. if she doesnt want support she doesnt have to file for it. If she does file for it, then yes she can make the state go after him for support, no matter what his parental rights are. She would need to be married, and have someone willing to adopt, and she would have to waive the right to past present and future support. Unless, she is ever receiving welfare, the state would then NOT release him of any obligation he had to the child prior to the adoption.
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I am in TX also, and agree with the other replies. I don't however know where to tell you to go to get that info. in writing. If I get some extra time, I'll do some searching for you...it's almost nap-time for my two little ones.:D


Senior Member
thanks,.... were near the Houston area.......

I have the Texas statutes, and have searched then but can not pin point the statute I need to confirm it......

Texas codes

If you find them please let me know..... and thanks in advance....


Unless your friend and the bio dad come to a mutual agreement to terminate his rights, he will not be relieved of paying support.

Bio dad can sign away his rights all day long...he'll no longer have visitation rights, or any say-so in the child's life, but that still doesn't excuse him from paying child support.

A parent cannot decide for themselves that they don't want to be a parent any longer, and with that, sign away rights and child support obligations.

A friend of mine just went through this situation, however, she decided to agree to the relinquishment of rights, and she no longer recieves child support payments.

In my opinion, a physical relationship is most important in a child's life, but nonetheless, if a parent chooses to seperate him/herself from the child, the responsibility to help support the child financially still remains, and is owed to that child. JMO...Good luck to your friend.


Senior Member
thanks again..

seems the boy hasen't cut the Umbilical cord from his mom. this is the second marriage she has stopped him on...... guess she doesn't want him to have to contend with a child, she might lose time with him..... it's just sad..... I know the preg. mother doesn'twant to let him have any say so in the child since he cant seem to make decisions for himself little lone a child........

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