Legal Question in Family Law in Texas

Can ''dead beat'' parent be forced to give up rights?

My wife has been divorced nearly a year, her ex-husband has NEVER paid a dime of support yet sees our son as dictated in the divorce decree. He is nearly $4800 behind already and has no intentions on paying any support. Our son would like my last name and the father refuses. Is it possible to force this dead beat to let me adopt my son or at minimum force him to let my son change his name as requested? In addition the father has NO job and I support my son including health insurance... What can we do? The father doen't believe me when I state if he signs over his rights that I will still allow my son to see his father, this is NOT about the money, it is about my sons needs and desires. I want my son to be happy, NOT ANY money!


Asked on 10/08/03, 5:28 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Can ''dead beat'' parent be forced to give up rights?

The parent not receiving child support should go to court and ask the Judge to hold him in contempt of court for failure to pay child support.

I believe that you are moving too quickly to terminate his parental rights. You cannot change the child's last name unless you have the father's permission. It does not sound like he will grant a name change for the minor child. I'm sure that you aware that the Judge makes the final decision regarding a name change.

Give my office a call if you want a price quote for a contempt action.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-666-0646

713-847-6000

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Answered on 10/09/03, 7:25 pm


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