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confused_tx_mom

Guest
What is the name of your state? TX I have filed for custody of my 2 year old son. His dad is horrible and neglects him when and if he actually comes to get him. I talked to him a while ago and he said he would give up his rights if he could just get out of paying child support. From all the states I have read about he will have to pay child support anyway. I am not married; I live with someone, but I know he is not ready to adopt my child just yet. Is there any other way to get his father out of his life completely, money and all? I know he will request visitation if he still has to pay child support. He is a very unfit father and I am afraid for him to have my son for a prolonged period of time. Please help me. we have agreed that if he gives up all rights, then he can still come to my house and visit my son, just not take him. What is the TX law on all of this?
 
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confused_tx_mom

Guest
forgot to mention....

we were never married, but he is on the birth certificate
 
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WilliamPatrick

Guest
From what I've read through of the statutes and some case law is that an agreement between the two you of that he receives no visitation and you receive no child support will be fine with the courts if it's in the best interest of the child. Which it sounds like it is. You didn't really say if this was a divorce or a modification
in regards to the custody you were seeking. I assume you filed a petition to modify parent-child relationship.
 
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confused_tx_mom

Guest
I haven't done anything just yet as in legal forms. I have a meeting with the Attourney General the 18th. Sounds like I am probably going to have to go to court over this, which is what I was trying to avoid.
 
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WilliamPatrick

Guest
I don't see where you have any choice. If you want to terminate his visitation rights legally, you have to file a petition with the court.
If you want him to not see the child and you don't care about the support I guess you could make a verbal agreement but in the future you both could be liable. He would for having a child support arrearage and you for not allowing visitation. Maybe that's a stretch but for your child sake do it within the system.
Then everyone is protected.
Are you worried about the attorneys fees? why would you not want to go to court over this?
Is there a legal agreement already in place?
Does he pay voluntary child support?
 

ellencee

Senior Member
most states do not consider visitation and support as relative issues but as separate issues with separate guidelines and separate reasons for the court to issue guidelines or orders for either.
with the current issue of nonsupport by parents and too much support being paid by taxpayers in the form of 'from the government', I wouldn't expect the court to be happy to hear a parent wanting to excuse the other parent of supporting the child, thereby placing another child at risk of being supported by the taxpayers in the form of 'the state' or welfare, etc.
terminating what little involvement this child has with his father is certainly no remedy for the problem of the father not paying enough attention to the child.
you just can't erase a parent from a child--it's a permanent part of the child, whether or not parental rights exist; that 'inner child' will always seek to find that absent parent, often by looking for love in all the wrong places.
think about what you are considering doing to this child.
 
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confused_tx_mom

Guest
Attourney fees are a big part of it. I also had it set up where we could do all of this in a conference instead of court, just to be a little less stress on all of us. But you are right, court would be the best way to have closure on all of this. Can I make him pay court costs though? I have never recieved a dime from him, and I cannot afford a lawyer right now. Also, will they make him pay back child support? The only reason in the world I would want it is to put up a savings account for my son for college. But the visitation is what worries me. He was too willing to give up his rights, so it is obvious he doesn't want my son.
 
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confused_tx_mom

Guest
ellencee, I am not trying to take his father away from him. His father wants to give up his rights. I in no way want my son to go without his biological father no matter how much of a deadbeat he is. we agreed for him to get to come see him whenever it was convinient for him to come. It was his idea to relinquish rights because he has another child on the way and refuses to pay child support. He just wants out of it any way he can. I filed for custody because I am not comfortable with the fact that he can come in my house and take my child and disappear. If he did that with no legal custody documents, I may never see my baby again. he is very spiteful. Even not wanting the child he would do that to me because he knows my fears. I never expected him to just throw my son away like this.
 
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WilliamPatrick

Guest
ellencee brings up some good points, you should read them. the Attorney General can help clarify her concerns, I'm not sure.
About attorneys fees, you can ask for them but it's up to the judge's discretion. you may or may not get them. About back child support, if there was a child support order in place then you should be able to collect on that especially if he wiillfully disobeyed the order and didn't pay a dime as you say. The AG will help with legal filings if you qualify, I think. I'm no lawyer but I try to handle my own legal issues and you could go that route. It takes time though. If you're interested I can give you a start on resources and where to find them.
 
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confused_tx_mom

Guest
also, I failed to mention, I would like to get supervised visitation for him if he has to have it. He has actually tied my son to a boat with a rope in the lake to ensure that he didn't "float away" while the father was swimming. Now maybe you'll see where I am coming from here.
 
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confused_tx_mom

Guest
Yes, I would love some help in this. This is something I want any and all info I can get to fully understand what is happening here. My E-mail is [email protected] Anyone who can help me is free to E-mail me.
 
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WilliamPatrick

Guest
Oh, as far as attorneys fees. If you're collecting on back child support and have to hire an attorney to help then they will award you the fees.
 
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confused_tx_mom

Guest
Is there a way to get affordable but good lawyers for this?
 

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