Legal Question in Family Law in Texas

I have an 8 year old son from a previous relationship, we were never married. The non-custodial parent and I have a child support order in place, which he frequently ignores, as he is in arrears of about $14,000+. He travels for his job, (which he recently got) and sees our son about one weekend a month now. As he hardly sees his son and does not pay child support on a regular basis, I have asked him to terminate his parental rights so my husband can adopt him (we have been together since my son was 18 months old.) He has refused. I have no legal reasons (drugs, alcohol, neglect, etc) why his rights should be terminated, other than the fact that his presence is a burden on my family. Is there anything I can do if the NCP is not cooperating?


Asked on 3/02/10, 1:47 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The Texas Family code provides that if a parent fails to support his child according to his ability for a period of one year, it can be grounds for termination of parental rights. You don't have to look for drugs or alcohol.

My guess is that, if a lawyer looks at Dad's pay record, you still wouldn't have grounds for termination.

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Answered on 3/08/10, 5:48 am


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