Is it possible to terminate my son’s father’s parental rights?

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Is it possible to terminate my son’s father’s parental rights?

He’s never been apart of our son’s life until recently after I took him to court for child support. He abandon us when I got pregnant and his first court allowed visit was after my son already turned one. I just don’t like that he can pick and choose when to be in his life and only pay part of his child support. My boyfriend has been in my sons life since he was seven months old and is more than ready and willing to adopt him. We’re not married, but if we need to be we’re more than ready to go to the courthouse and get it done.

Asked on October 24, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It certainly is possible to terminate the father's rights.  Termination can be done involuntarily if the father has abandoned your child.  Your questions indicates that even though he doesn't pay all, he does pay some support.  If this is the case, you probably can't get his rights involuntarily terminated.   If he has quit paying and seeing the child, then don't force the issue and let a total of 12 months go by before you file a petition for involuntary termination.

If involuntary is not an option, you still have options.  Texas does allow a parent to voluntarily terminate their rights.  Considering that he rarely sees his child and half-ways provides support, he may not be ready for parent-hood and would be happy to terminate his rights.  The courts, however, may or may not approve the termination.  They don't generally allow parents out of their obligations just because they don't want to pay child support.  If you and your boyfriend to get married, though, and he is willing and able to adopt your child, then the court will be more open to granting the termination because their is a potential father figure "waiting in the wings."  It will help if you are married.   You don't mention how old your son it, but generally, the courts like to see some stability-- so aim for at least six months of cohabitation as a family to show the courts that the two of your are really working at providing a family unit for your child.


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