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How to Modify or Terminate Parental Rights

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  • 08-02-2009, 10:20 AM
    Erika_Walls
    How to Modify or Terminate Parental Rights
    My question involves a child custody case from the State of: Texas

    I have a 2 year old daughter her father left me when I was 6 months Pregnant, I filled for child support after her birth. He paid child support up until August of last year. He has never met her he's only seen pictures of her through myspace. I remarried on on her 1st birthday. He also has a son with another woman who is 6 months younger then my daughter. he got into some legal issues with her and got a differed adjudication for unlawful restraint and assault with a deadly weapon. he also has pending cases for child molestation of his 9 year old step daughter and unlawful restraint of a minor and assault to a minor his 15 year old step son.

    Is there any way that with all this I can get his parental rights terminated or modified so that he has only supervised visitation of my daughter.

    thanks for your help.
  • 08-02-2009, 02:39 PM
    StephenFoster
    Very likely...
    I don't know all the facts (sorry for the lawyer talk) but it seems like you are very reasonable not wanting a child molester to be around your child.

    Be aware that terminating his rights flat out might affect your child support (which would affect your child).

    Although, if he goes to prison... there might not be that much child support coming.

    Call a lawyer. They will be glad to give you a free consultation and discuss your case.

    Good luck with everything. Sounds like a stressful situation for your whole family.
  • 08-09-2009, 03:24 PM
    aardvarc
    Re: How to Modify or Terminate Parental Rights
    Based on the pending charges, you could probably make a good arguement for visitation to be supervised - at least until those cases are settled and there's an outcome. Without a conviction, it's not likely a court would terminate his parental rights - and even WITH a conviction, it's no guarantee - although once you're established with your new hubby for a year or so, the father might be willing to be cooperative if hubby wants to legally adopt the child (if he's shown no interest in her AND realizes he could get out of child support he may be more than willing to play ball). Courts tend to be extremely reluctant to terminate one parent until and unless there is another parent willing to step in and take on legal responsibility for the child. In other words, the court wants a backup plan in case something happens to YOU - someone else with a LEGAL obligation to the child.
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