Legal Question in Family Law in Texas
I am paying child support on a kid that is nearly 5 yrs old .. i have never seen him and when asked ..the mother said just pay i dont want you in his life .. how do i terminate my rights ... i have proof that she is married and he already adopted the boy but i am still paying ..
2 Answers from Attorneys
The stepfather cannot adopt the child unless your parental rights are first terminated. Your rights cannot be terminated without notice to you. If you believe this was done, then get a copy of the court's file and either review it, or have an attorney review it for the validity of the proceedings. It your rights were terminated, normally your obligation to pay support would be terminated, but it can survive the termination. An attorney can advise you after reviewing the file.
If your rights have not been terminated, you can file a Motion to Enforce, in order to be able to exercise your access and possession. In such a situation, the court could award you attorney fees.
If she is not complying with court ordered visitation, you can sue her for damages. This may provide you some negotiating leverage. You need to see an attorney to help you figure this out.