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How to File to Terminate a Father's Rights

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  • 03-18-2015, 07:55 AM
    mrsramos
    How to File to Terminate a Father's Rights
    My question involves a child custody case from the State of: Texas

    My son was seven months old when I left the father. I left because he is an alcoholic who does and sells drugs. He is on my son's birth certficate. I put him on child support and he paid one time. We were already split up when I found out I was pregnant with my daughter. He is not on her birth certificate. He told me he went up to the hospital to sign the aknowledgement of paternity but he never did. (After my daughter was born I tried to put him on child support and it didnt show up in the system) He has visisted sporadically and gone periods of not seeing them. Other than paying child support one time for my son the only other way he ever helped was by buying a box of diapers for each of my children. Anytime I had contact with him or anytime he would visit I would write it down. I also have incrimintating pictures people have sent me of things he has posted on social media. He has two other children from a previous relationship that his parents take care of. At one point he offered to sign over his rights and then changed his mind. He is an illegal immigrant that has felonies so any job he does he gets paid under the table. I have now not heard from him or anyone in his family in 15 months. I dont know where he is. I woud like to have his parental rights terminated. I believe he will not willingly sign his rights over. He is the kind of person that tries to make people feel sorry for him and likes for everyone to think that he is a great father and him signing over his parental rights would tarnish what people think of him. How do I go about filing for this with him on the birth certificate for one child but not the other?
  • 03-18-2015, 08:19 AM
    Mercy&Grace
    Re: Terminating Parental Rights
    You can't terminate his parental rights, but a court can. Although nothing you've said here would be grounds for a court to terminate his parental rights.
  • 03-18-2015, 08:57 AM
    llworking
    Re: Terminating Parental Rights
    You cannot terminate his parental rights to your daughter because he doesn't have any rights to terminate. Legally he is not her father because paternity has never been established.

    Unless you are married and your husband wishes to adopt your children you cannot terminate his parental rights to your son either. The state will not do that because the state wants two parents legally responsible for children.
  • 03-18-2015, 11:07 AM
    Mr. Knowitall
    Re: How to File to Terminate a Father's Rights
    Pursuant to Section 161.005 of the Texas Family Code, a parent can file for the termination of the other parent's rights even without stepparent adoption, but it's difficult to accomplish and is the sort of action best discussed with a lawyer in your state. See Family Code Sec. 161.001 et seq.
  • 03-18-2015, 12:14 PM
    llworking
    Re: How to File to Terminate a Father's Rights
    Quote:

    Quoting Mr. Knowitall
    View Post
    Pursuant to Section 161.005 of the Texas Family Code, a parent can file for the termination of the other parent's rights even without stepparent adoption, but it's difficult to accomplish and is the sort of action best discussed with a lawyer in your state. See Family Code Sec. 161.001 et seq.

    I forgot that TX allowed for that in their statutes. I have seen it happen when there has been severe disinterest on the part of the parent and the state feels confident that the children will never became a burden on the state.
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