Legal Question in Family Law in Texas

My husbands ex wife wants him to sign over his parental rights to their daughter so her new husband can adopt the child. However, my husband owes almost 10,000.00 in arrear child support. She says once he signs his rights over she will go have the arrears dropped; but he has to sign over his rights first because her military lawyer won't let her have two petitions out at once. I feel like she is trying to jerk him around and still collect the support. What would be the best thing for him to do in order to insure that those arrear payments will be dropped? personally I don't feel like he should sign the papers relinquishing his rights until the financial situation is handled. Please help, I am very confused and my husband seems a little slow when it come to legalities.


Asked on 10/29/09, 2:11 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

What he needs to do FIRST is: file a Motion to Determine Child Support Arrearage. Serve Mom, or have her sign a waiver. Set it for a hearing. Appear in Court with Mom, who will state in open Court (under oath) that Dad owes ZERO child support arrearage. Have the Judge sign a written order that states this: "The Court finds that Dad does not owe any child support arrearage as of December 8, 2009."

THEN do the termination.

Generally, termination of parental rights does NOT extinguish a child support arrearage.

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Answered on 11/03/09, 3:49 pm


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