Legal Question in Family Law in Texas
Ex giving up parental rights
My ex is so mad at me, he doesn't want to know that I exist any more so he is giving up his parental rights. Can he do that? If so, doesn't he still have to pay child support?
2 Answers from Attorneys
Re: Ex giving up parental rights
He can sign an affidavit of relinquishment but until a court orders that his rights have been terminated, they have not been terminated. If he is terminated by a court, his duty to pay child support ends, however it is doubtful that a court will terminate him if he mad at you and wanting to avoid child support. In other words, it is hard to terminate yourself.
Re: Ex giving up parental rights
If he signs a form relinquishing his parental rights and the court accepts it, then he would no longer legally be the parent of the child. He would no longer be responsible for child support. However, that said, the court may not allow him to do this since the support money is for the child and this appears to be a selfish move on bio-dad's part to avoid support payments. Regardless of what he does, the court will rule using the standard of "Best interest of the child".