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  1. #1
    Join Date
    Feb 2008
    Location
    Texas
    Posts
    7

    Default Petition To Terminate Parent-Child Relationship

    My question involves paternity law for the State of: Texas

    I have been divorced for 16 years and in those 16 years, my ex-husband and I have been in and out of Court due to non-payment of child support. There are two children of the marriage, ages 15 and 18. In 2006, the Court placed him on unsupervised probation provided that he made payments every month. To date, he has failed to comply with the orders and was served with a Notice to Revoke Probation.
    Last week, I was served with a Notice along with a Petition to Terminate Parent-Child Relationship. My ex-husband is saying that he is not the DNA biological father of my youngest daughter and is requesting to terminate his parental rights and duties. Attached to the Petition was my ex-husband’s Affidavit for Voluntary Relinquishment of Parental Rights. The Affidavit states the following:

    a) He designates me as a prospective adoptive parent for the child and freely and voluntarily relinquishes his right and duties to me
    b) He does not wish to appear in Court or be represented by an attorney to testify about his desires with respect to the child
    c) Because he does not wish to appear in Court, he waives and gives up his right to issuance, service and return of citation, notice and all other process in any suit to terminate his parental rights.
    d) He does not want to be informed further about the lawsuit but agrees that a final hearing in the lawsuit be held at any time without further notice to him.
    e) He does not want to be mailed or given a copy of the Judgment terminating his parental rights and does not want to be notified of the signing, rendition or entry of that Judgment.

    My question is—who decides whether the termination goes into effect? What happens to the arrearages owed? What exactly am I being sued for? Does he have the right to waive appearing in Court considering it is a lawsuit that he initiated? What happens after the Petition is filed? I cannot financially afford to hire an attorney at this time and would also like to know what can happen should I decide not to answer. I am confused. Any advice you can give is very much appreciated.

  2. #2
    panther10758 Guest

    Default Re: Petition To Terminate Parent-Child Relationship

    First its not likely a judge will grant a TPR unless your currently married and your current husband wishes to adopt. Second any arrears would still be owed unless you forgive them

  3. #3
    Join Date
    Feb 2008
    Location
    Texas
    Posts
    7

    Default Re: Petition To Terminate Parent-Child Relationship

    Quote Quoting panther10758
    View Post
    First its not likely a judge will grant a TPR unless your currently married and your current husband wishes to adopt. Second any arrears would still be owed unless you forgive them

    I forgot to mention that my ex-husband and I were separated for approximately six months with no intention of getting back together then he wanted to try to work things out. Four months after moving home, I found out I was pregnant. After a year after the child was born he was making little remarks about how he thought that he may not be the child's bio dad. I told him that considering that we were with other people during our separation perhaps it would be a good idea so that both he and I could have peace of mind. He refused. Didn't know how important this info might be.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Petition To Terminate Parent-Child Relationship

    15 years is just a little late to contest paternity of a child, sorry to tell your ex husband. However, I have a few issues with the petition if it typed here exactly the way it reads mainly...
    ) He designates me as a prospective adoptive parent for the child and freely and voluntarily relinquishes his right and duties to me
    Uhhh...last I checked, you are already the biological parent of the child, hence you cannot adopt your own child. States are very reluctant to bastardize a child, so he may very well be "stuck" being dad to his child.
    With that being said:

    My question is—who decides whether the termination goes into effect?
    A judge at the hearing.
    What happens to the arrearages owed?
    Generally, he still owes them unless you agree to waive them (which you shouldn't).
    What exactly am I being sued for?
    He is basically asking for the courts to terminate his right as a parent. Probably to absolve himself of paying the child support (not gonna happen).
    Does he have the right to waive appearing in Court considering it is a lawsuit that he initiated?
    That would depend on the local rules of your jurisdiction. This form sounds (to me) like it would be used with a corresponding adoption. For instance, you were remarried and your new husband wanted to adopt. Ex would sign and then waive his right to appearance re: the TPR motion. I would not think he would be allowed to waive his right to appearance, since the judge will have some VERY POINTED QUESTIONS for him.
    What happens after the Petition is filed?
    A hearing is set. You will need to appear.
    I cannot financially afford to hire an attorney at this time and would also like to know what can happen should I decide not to answer.
    Please look for a legal aid society in your area and see if they can assist you. You do need to answer and you do need to appear in court. They should be able to assist you. If you don't have a legal aid society in your area (for some strange reason) then find the local university in your area with a law school. Most of them will have clinics. Go to the courthouse and see if there is a self help clinic.

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