TEXAS SINGLE MOM WITH QUESTIONS ABOUT TERMINATION

FullTimeMommy - posted on 08/06/2012 ( 15 moms have responded )

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My daughters father has not seen her in about a year, has not called or made an effort, is not listed on her birth certificate and she does not have his last name can I terminate his rights? I live in Texas and I am remarried to the man she calls her father she is almost three and does not know her "real father"...help?

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Hope - posted on 09/22/2012

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Here is the case law on Termination of Parental Rights in Texas:



§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD

RELATIONSHIP. The court may order termination of the parent-child

relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

(B) voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

(C) voluntarily left the child alone or in the

possession of another without providing adequate support of the

child and remained away for a period of at least six months;



Option (c) is what mainly pertains to your situation. I do not know much about family law, but I have worked for attorneys for half my life, mainly under a family attorney and have heard the worst of cases of this nature. Seeing that the father never signed the birth certificate in the first place, it pretty much grants you full custody. Secondly, if you could have a person willing to testify in your defense, that would help tremendously. Perhaps your mother, or any other person that knows your situation inside and out.

I wish you the best of luck. Here is the link in case you would like further information: http://law.onecle.com/texas/family/161.0...

Suzie - posted on 08/16/2012

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I live in Texas and in Texas if the dad's existence is "unknown", then I believe somebody could legally adopt without severing paternal rights. BUT, I say see an attorney.You might be able to get away with it because he isn't legally listed on anything. I think you would have to "play dumb" to the courts. However, if he were to find out that your daughter was legally adopted by your husband and feel disgruntled and be able to prove that he was in your daughters life, you acknolwedged him as the father, etc... I think it could get ugly. This type of situation is worth seeking professional help.

Brittany - posted on 08/07/2012

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You will have to take him to court and request his rights be terminated. If he shows up and wants to have partial custody - chances are he will get it.

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Lanea - posted on 09/17/2012

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im going through the same situation here in FL planning to see a lawyer after my wedding so there is no question that we are not a force of parents to care for our child. just need her father to give up his rights even though he isn't on the birth certificate.

Ginger - posted on 08/30/2012

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The lawyer said if you are remarried and the new husband adopts your baby and you can proove the father unfit then you may get his rights terminated. Texas rarely terminates rights unless you are remarried.

Marian - posted on 08/29/2012

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Get some professional advice on this. See if your county has a family services office, and find out if they provide free legal advice. Many counties offer free legal services. Start an online search. Good luck, but be prepared for Dad to come out of the woodwork. Good luck!

Lisa - posted on 08/23/2012

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Here in Missouri, you can't just terminate rights, the child has to be adopted so there are 2 legal parents. Went through that with my husbands kids I finally adopted a few years ago. At this point though for him to have rights, he has to have court orde if he is not on birth certificate.

Kimberly - posted on 08/19/2012

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If he isn't on the birth certificate, then he doesn't currently have rights ... unless there is a custody/visitation agreement and/or child support order. That being said, he could always petition the court for rights, and then anything is possible. I would check with an attorney, and if your new husband wants to adopt your child, I would think you don't even have to notify him because there is nothing on paper that even says he's the father. Good luck!

Elizabeth - posted on 08/16/2012

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Oh no!! I'm in the same exact boat and wondering the same exact thing! I have talked with several attorneys and they have both laughed at me. They told me that the father always has rights unless terminated by a judge for some very serious reason, like abuse, drug abuse, crime, etc. but even those have to have been in dangerously high amounts for the court to even consider terminating his rights. IT SUCKS I know and I am very sorry you are going through this right now.

Kristin - posted on 08/15/2012

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I think you need to take it tou court and first establish paternity, once that is done the father then has a choice of whether or not he wants to give his rights to his child up. The only way for the rights and all obligations to be completely terminated is for your new hubby to legally adopt this child, which in turn will mean that bio dad pays no support has no contact and no rights. If you and new hubby divorce he is legally bound to pay child support for that child until that child reaches 18. It is a huge decision and i wish you luck. BTW even though they are not on the birth certificate they still have a right to request paternity and access to child (my ex didf that to me)

Jane - posted on 08/15/2012

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If he wants the rights he has them now or anytime he shows up and the law here in Florida requires the custodial parent to maintain the relationship of the non custodial parent. Yep - it's your responsibility in the court's eyes to provide the child to the non - custodial parent. I am not sure how that law changes when the father is not on the birth certificate. I do know that he has to sign to terminate the realtionship, the court does like you to have a person to sign for financial responsibility in the place of the father. I would speak to a lawyer about this.

Samantha - posted on 08/09/2012

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i dont know the laws in texas but in the u.k if the father is not on the birth certificate, he has no legal rights.

Ruth - posted on 08/08/2012

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As long as he isn't listed on the birth certificate he has no rights! I believe I am correct that your new husband can adopt her as his own, but I'm not 100% sure. Does he pay child support or anything like that? Does he deny that she is his daughter? I live here in Texas too by the way!

Alisha - posted on 08/06/2012

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This is tricky. I have no idea the laws in Texas, but in Wisconsin in order to terminate rights you need another man to take over the rights. I also think the bio dad would have to give his rights away, but if he's not on the birth certificate, I have no idea how it would work. You should probably ask someone at Social Services or something like that, they deal with that every day.

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