My question involves paternity law for the State of: TX
if a father has abandoned the pregnancy in all forms for the entire duration of the pregnancy financially and the majority of the relationship physically, he is therefore not present at the time of birth to place his name/signature on the birth certificate and acknowledgement forms, yes?
SO a mother has acted in due diligence to keep the father apart of the pregnancy, labor and plans to share child in which the father has resisted.
Now, post-birth.. the mother is settling into her routine with her infant. She is taking care of the child and continuing to receive no support/contact from the father in any form.
The father decides to apply for acknowledgement of paternity and the mother in turn applies for a termination of parental rights on the basis of knowledgable abandonment of pregnancy and post-birth when it was within the fathers' means to not abandon pregnancy. Compounding her defense, the father abandoned the pregnancy for the continuation of soliciting prostitutes while knowingly have unprotected sexual intercourse with the mother during her pregnancy until the discovery of his actions.
Lets say at the time that this suit is taking place, the mother is arguing that she would like to support the biological father-child relationship but is still moving to Terminate Parental Rights so that she can maintain continued support of the child and it's routine and wishes to avoid future custody/financial disputes. The woman is financially secure and wishes to only maintain her security and precautions for her continuation of discretion for the best interest of the child by removing the father's legal financial and custodial obligations/rights on grounds that he has not fulfilled such previously. The father has remained out of the child's life and has been uncooperative/resistant to any communication necessary to agree on determining child's best interest until he blatantly avoided contact with the mother... thus how the couple got to this point in the first place.
Is anyone aware of situations like this and where the mother's interest prevails? Is the mother's chance greater if she is has re-married or has found someone to take legal financial responsibility in an instance that she could not, as seems to be the major cause for concern for a judge in not granting the termination?
Does the father have a better chance of prevailing and gaining a form of custody even after his abandonment if he is secure in his employment?
This is complex in a way, but easy in not so much of a way. The basic interest here is to not exposing the child to legal system of 'custodial rights.' And it is also to maintain and support on-going rights of mother who has exhibited her paternal obligations in full and therefore wishes to be awarded her paternal rights in full without fear of being contested by the father.
Can I get some personal and or legally-based feed back on how this situation might be interpreted in a family court, specifically Texas or Oklahoma would be great! and Thank you!
These situation are awful. It is unfortunate that one or both parties are not willing to mend their ways and work on themselves or what they originally found in one another that made them go so far as to create a child. Either way you go, a child and/or parent is going to hurt during this process.