Legal Question in Family Law in Texas

Location: Texas

Single woman, pregnant. The pregnancy is unplanned. Father is also a single male who is not ready for fatherhood. I would like to keep the child. He is requesting I terminate the pregnancy. We are two educated and level-headed individuals, reacting very differently. I have no intentions of terminating the pregnancy, but I do not want to "screw him over", for lack of a better phrase. What legal avenues can I take to ensure that his parental rights are waived so that he does not have any level of responsibility towards the child and myself?


Asked on 2/05/13, 4:36 pm

2 Answers from Attorneys

TC Langford Langford Law Office

It is not ordinary for a judge to allow a father to terminate his parental rights, without a stepparent coming into the role of father through adoption. It has also been done. Under the right circumstances and presentation to the court, an agreed termination of parental rights could be approved. Discuss this privately with an attorney - or several, since most charge a no/low cost initial consultation. The final orders cannot be entered until after the birth of the child, but if you are certain this is the path you want to take regarding child support and conservatorship of the child, then it is a good idea to have the process in place now. Take care and good luck.

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Answered on 2/05/13, 6:02 pm
Fran Brochstein Attorney & Mediator

I agree with Attorney Langford.

First, most men react badly when they learn that they are going to become a parent. The good news is that many end up being excellent fathers once the baby is born. So leave him alone & after the baby is born and he changes his mind -- don't hold this irrational act against him.

Also, the judges won't hold his irrational outburst against him if you take him to court because they have all heard this thousands of times so don't think they will terminate his rights over his desire that you have an abortion - it just won't work - sorry!

Second, it is the policy of the State of Texas that BOTH parents support their children so if DNA testing prove that this guy is the daddy then he will be supporting this kid whether he likes it or not. He might not participate in seeing the kid but he will be paying money for it!

Third, you need to take care of yourself. Stress is bad for you. So calm down and worry about this baby.

Fourth, go see a family law attorney and get someone on your side right now. Get knowledge so you won't worry. Get an advocate on your side now. You will feel better and that will be good for you and the baby.

Fifth, he is eventually going to be liable for the costs of your pregnancy so keep your receipts. Paperwork is your friend - vitamins, doctor visits, etc.

Sixth, if you don't want to get money from him then don't apply for any state or federal aide of any kind -- food stamps, Medicade, etc. ever! Once you do then you have opened a door that you can never close!

Lastly, happy pregnancy.

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Answered on 2/05/13, 10:38 pm


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