Legal Question in Family Law in Texas

Child support and parental rights
I have filed for cild support with the attorney general's office. Apparently, my son's father is doding being served. He has not contributed financially for almost three years, thus the child support filing. He has not had any contact with our 9 yr old son for at least 6 months. He has been in and out of his life since he was born. I am fed up and would really prefer to see my son not be hurt anymore by his selfishness. Can his parental rights be terminated because of his actions? At this point I'm starting to think it would be best. he actually dropped him off, after a weekend visit, on his motorcycle and our son wasn't wearing a helmet at all. I had requested that he not ride him on it at all. Your input would be greatly appreciated

Asked on 10/04/07, 11:44 am

3 Answers from Attorneys

Greg Morrison Morrison Law Firm

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Re: Child support and parental rights

Yes, his parental rights can be terminated. That can be done voluntarily (by him,usually to relieve himself of the child support obligation) or involuntarily. The court must do what is in the best interests of your child and can reject even a voluntary termination since the law prefers that there be two parents obligated to raise and support a child. It depends on your facts and the particular judge who hears your case.

There are numerous grounds for involuntary termination. Main ones: (1) Parent abandons or does not support the child (this has to be at least 3 months and the courts usually look for evidence of an intent not to return into the child's life); (2) the parent endangers the child; (3) the parent engages in criminal conduct, or (4) the parent is otherwise proved to be unfit. If the other parent does not want their rights terminated, it is usually difficult to get them terminated. However, bringing a lawsuit seeking to have him held in contempt of court for failing to pay his child support might make him more open to the idea of termination. Contempt can result in him being thrown in jail for up to 180 days and being fined up to $ 500 FOR EACH OFFENSE (each missed child support payment). This is for failure to follow a court order and, therefore, probably would not be applicable to you yet as it does not sound like you have been through and received court orders for support.

If you would like to schedule a consultation to discuss your particular case, please feel free to give me a call. Good luck.

Answered on 10/04/07, 1:13 pm

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James Grissom Law Office of James P. Grissom

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Re: Child support and parental rights

Only to amplimy Mr. Morrison's very complete and accurate reply, judges will rarely terminate a parent's rights unless there is someone ready to step in and assume the terminated parent's rights. You could get the visitation modified to supervised visitation and perhaps require him to take some classes. Although the facts you cite are frustrating for you, I personally doubt that it is sufficient to terminate parental rights - even if he would agree.

Answered on 10/04/07, 3:19 pm

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