involuntary parental rights terminated?

[Ishara]

What is the name of your state (only U.S. law)? TX I was wondering if it is possible to have my ex's parental rights terminated. My son is two and a half years old, he has never seen or heard from his father. No birthday cards, xmas cards. My ex has failed to pay for child support in the past 11 months. Would it be possible to terminate his rights for extreme disinterest in the child?

 

[jumac]

just going give you some basic info some more people can give more detailed stuff.

1st. If you going try get a lawyer its not a do it yourself thing.

2nd. Do you have a husband who is willing to adopt your son as his. Courts don't like to take away a persons parental rights without a new one ready to take said person place(in a legal way)

3rd. Be prepared for the courts to maybe give the father a chance to fix things and start seeing his son before they think about take the rights away.

 

[Artemis_ofthe_Hunt]

Texas looks at things a bit differently than other states...

FAMILY CODE  CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

Terminating parental rights is not a "DIY" project. Seek local counsel. Good luck!

 

[Ishara]

just going give you some basic info some more people can give more detailed stuff.

1st. If you going try get a lawyer its not a do it yourself thing.

2nd. Do you have a husband who is willing to adopt your son as his. Courts don't like to take away a persons parental rights without a new one ready to take said person place(in a legal way)

3rd. Be prepared for the courts to maybe give the father a chance to fix things and start seeing his son before they think about take the rights away.

Yes, if this is the route I decide to take an atty would be hired. This is not an easy decision by any means. There are alot of what if questions. Two of the main one's being. Would he harm the child? The other question being is this in the best interest of my son?

No, I have not remarried. At this point I don't even date. I am not ready for that. Without going into alot of details. Basically he beat me when I was five months pregnant, I fled for my life. That being said there are supervised visitations set up if he were to see my son.

What brought all of this up to the point where I am right now. My ex was arrested for throwing gasoline on a person and threatening to light them on fire. This brings up some serious concerns for me.

If the courts would decide to let him do some amends, or try to establish a relationship with my son, that would be understandable. As long as the visitations are still supervised through the safe program. It would basically keep me at the same point I am already at.

 

[Ishara]

Texas looks at things a bit differently than other states...

FAMILY CODE**CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP

Terminating parental rights is not a "DIY" project. Seek local counsel. Good luck!

Thank you for the link.

 

[LdiJ]

Yes, if this is the route I decide to take an atty would be hired. This is not an easy decision by any means. There are alot of what if questions. Two of the main one's being. Would he harm the child? The other question being is this in the best interest of my son?

No, I have not remarried. At this point I don't even date. I am not ready for that. Without going into alot of details. Basically he beat me when I was five months pregnant, I fled for my life. That being said there are supervised visitations set up if he were to see my son.

What brought all of this up to the point where I am right now. My ex was arrested for throwing gasoline on a person and threatening to light them on fire. This brings up some serious concerns for me.

If the courts would decide to let him do some amends, or try to establish a relationship with my son, that would be understandable. As long as the visitations are still supervised through the safe program. It would basically keep me at the same point I am already at.

Are you able to support the child without any assistance from the state at all? TX does allow for termination of a parent's rights without a stepparent adoption in certain circumstances. However, the state is unlikely to terminate dad's rights (and therefore terminate his child support obligation) if you are receiving any state aid.

 

[Ishara]

No I don't recieve any type of aid for him from the state. I'm a nurse, my salary is close to 45k yearly. I am hoping the court will take that into account, that I have supported him without any cs for the last 11 mos. and no state aid at all. Do you know if the courts would be willing to accept my sister and brother inlaw as guardians, in lieu of having someone adopt him? In case something did happen to me??

 

[LdiJ]

No I don't recieve any type of aid for him from the state. I'm a nurse, my salary is close to 45k yearly. I am hoping the court will take that into account, that I have supported him without any cs for the last 11 mos. and no state aid at all. Do you know if the courts would be willing to accept my sister and brother inlaw as guardians, in lieu of having someone adopt him? In case something did happen to me??

That will not matter to the state at this point. It will simply matter that you can support the child without state assistance...and that you are in a field where layoffs are very unlikely.

However, it IS up to the judge to decide whether or not someone's rights can be terminated, and sometimes a judge will continue a case to give a parent time to step up to the plate and become a parent.

I know one woman in TX (this was about 8 years ago) whose situation was VERY similar to yours. She was also a nurse and didn't need any help supporting the child. The judge kept pushing the case out 6 months, and then another 6 months, trying to give dad time to step up to the plate. In the end, it took almost 2 1/2 years to finally get dad's rights terminated, but it did eventually happen.

 

[Ishara]

Thank you so much for all of your replies!

 

[Artemis_ofthe_Hunt]

No I don't recieve any type of aid for him from the state. I'm a nurse, my salary is close to 45k yearly. I am hoping the court will take that into account, that I have supported him without any cs for the last 11 mos. and no state aid at all. Do you know if the courts would be willing to accept my sister and brother inlaw as guardians, in lieu of having someone adopt him? In case something did happen to me??

You can name standby guardians, but you also need to understand that the format in which would be required is not a Will.