Legal Question in Family Law in Texas

I have 2 children ages 4 and 3. Their father and I never married and only lived together for short periods of time. In the past 4 years he has been incarcerated several time. he did 2 years in state jail and 11 months later was arrested and spent 18 months in state jail. As of yesterday he was arrested in a nearby county. His charges are drug possession (several of those), cooper theft, burglary of a habitation. In the past four and 1/2 years he has not supported the kids when he was free. He has seen them very little (his choice).

I have sole custody but would like to have his rights terminated and remove him from the birth certificate. Is this possible? I live in Texas


Asked on 4/29/15, 1:55 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

Yes, it is possible, depending on the judge.

It might not be a great idea though. If daddy dies, the children will get Social Security and other benefits. Once he's terminated, that's no longer true. That is the reason some judges won't terminate based on these facts unless there is a step parent adoption joined into the termination case.

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Answered on 5/31/15, 8:57 pm


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