Legal Question in Family Law in Texas

I continue to have issues with my ex-husband not paying child support. On 8/25, he managed to avoid going to jail by scraping together $4250 that day in court. He hasn't paid another dime since. He has also become very absent-hasn't seen kids in almost a year, no calls, rare texts, etc. I would like him to surrender his parental rights so that my new husband can adopt the kids and I don't have to deal with him anymore. But, he still has over $15K in arrears. My question is, if he surrenders rights, can I still seek the arrears? If he doesn't surrender rights, what must I do to seek the adoption? Thank you!


Asked on 10/06/16, 11:34 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

If he gives up his parental rights, you still have to get a Court to APPROVE the termination of Dad's parental rights. The Court could say "no." I've seen it happen.

If he refuses to surrender his rights voluntarily, you can file a suit for involuntary termination of parental rights. Plan on taking a year to get to trial.

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Answered on 10/13/16, 1:28 pm


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