Looking to protect child

[TES4726]

What is the name of your state?TX

My fiancee had a little girl in her first marriage. When her daughter was 3 months old her husband at the time had a sex with one of his students and they split up. Three months later he was convicted of Sexual Assult with a Minor and has been in jail since.

I don't know the guy' but besides the sexual assult concerns, my fiancee is afraid she could be hurt psychologically or might have risks associated with neglect because of how he conducted himself during thir marriage.

Her daughter and I have developed a very strong relationship through time. She doesn't know who her biological father is and in fact refers to me as daddy.

We are thinking about filing a petition for termination of parental rights. I would adopt her at that time too (we will be married by the time all this would take place).

Question: What is the feedback on what we are thinking about pursuing and are there any other recommendations for us to protect her if we are not successful in winning termination of parental rights?

 

[LdiJ]

What is the name of your state?TX

My fiancee had a little girl in her first marriage. When her daughter was 3 months old her husband at the time had a sex with one of his students and they split up. Three months later he was convicted of Sexual Assult with a Minor and has been in jail since.

I don't know the guy' but besides the sexual assult concerns, my fiancee is afraid she could be hurt psychologically or might have risks associated with neglect because of how he conducted himself during thir marriage.

Her daughter and I have developed a very strong relationship through time. She doesn't know who her biological father is and in fact refers to me as daddy.

We are thinking about filing a petition for termination of parental rights. I would adopt her at that time too (we will be married by the time all this would take place).

Question: What is the feedback on what we are thinking about pursuing and are there any other recommendations for us to protect her if we are not successful in winning termination of parental rights?

Consult an attorney. The fact that dad is in jail for sexual assault on a minor could possibly be enough for grounds for terminating his parental rights...I don't think its guaranteed, but an attorney in your area can best answer that question.

 

[TES4726]

Thanks. Our attorney mentioned 2 filings. One as described above (termination) and the second a change in the current order. I'm assuming limited visitation (supervised only) and perhaps others. My fiancee's main concern is that if she were to die then he would get custody. I would likely be cut out with no access but more importantly he would have sole responsibility for the health and welfare which is in considerable question. So my follow-up question is, if we are not successful in terminating his rights what can we include in the other option that will most protect the child.
(note: I'm not really concerned about my rights as protection of the child is of greatest importance).

 

[BelizeBreeze]

Tex. Fam. Code Ann. § 161.001 (West, WESTLAW through End of 2001 Reg. Sess.)Circumstances That Are Grounds for Termination

Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Failure to Maintain Contact

Failure to Provide Support

Child's Best Interest

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Doesn't look like the termination will be all that hard to accomplish.