Legal Question in Family Law in Texas
My 5 year old son has only known my husband as his dad since he was 3 months old. My ex and I split before I found out I was pregnant. He was married but told me he was divorced. I told him about the pregnancy the day I found out. He moved to Mississippi that day. Upon his and his families move back to Texas, I filed for child support with the attorney generals office and had his wages garnished after paternity was proven. He's never paid child support consistantly or on time and hasn't seen or spoken to my son in over a year. We are a middle class family and can't afford to go to court to sign over rights and have the adoption done. Even though paternity has been proven, his name has not been put on the birth certificate. Can I legally change my son's last name from my maiden without his consent? And how would I go about filing for involuntary termination of parental rights since he abandoned us and we've had no contact?
Thank you
1 Answer from Attorneys
Based on what you have written, it appears that you have a somewhat time-consuming and complicated matter. There may be a variety of ways to obtain the ends that you are seeking for your child's best interest. Have you already proceeded with a motion for enforcement against the child's father for failure to pay his child support? Have you approached the child's father and inquired about his voluntary termination of parental rights? These are just two questions to think about when protecting your child's best interest.
As for seeking involuntary termination of parental rights, the Texas Family Code sets forth certain justifications for involuntary termination of parental rights. You should review the Texas Family Code or seek the assistance of a local law firm.
If my law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
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