Legal Question in Family Law in Texas

My ex, and the father of my 4-year old son, have been split up since my son was about 3 months old. We do have a custody agreement and child support case through the attorney general, however, he has never tried to see my son except for maybe once or twice before he even turned 1 year old. For the last 4 years, I have been with my, now, fiance, and he has raised my son as his own. My son calls him 'daddy' and doesn't know my ex (his father) at all. My fiance and I are planning to get married in the next year, and he's wanting to adopt my son and get his last name changed to his own. With this being said, is there anything I can do to get my ex's visitation rights revoked considering there has been no attempt on his part to even make a relationship to him and still no effort being made. I would just like to get him fully removed from ever having anything to do with my son's life, as he's never been there through anything anyways. I wouldn't mind getting the child support cancelled either, considering he's almost four thousand dollars in arrears right now. What can I do, or what paperwork needs to be filed with the courts to get this taken care of. I would like to think it would go pretty easily, but I have a bad feeling that just asking for my ex to sign his rights over wouldn't go as smoothly as I would hope, just for him to hang it over my head. Thanks.

Asked on 3/19/11, 6:16 pm

Mark Dunn Mark D. Dunn

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What you would file is a termination and stepparent adoption suit. You need a lawyer. He will charge you about $5000.00.

If Dad hasn't supported the child in accordance with his ability for a period of one year, that is grounds for termination.

Answered on 3/20/11, 1:55 pm

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