Legal Question in Family Law in Texas

Relinquishing Rights to an Adopted Child

My husband adopted a little girl when he married his ex wife, whom she had with another man. When my husband and the ex divorced, she moved 100 miles away strictly to cause a strain on his relationship with his daughter. The child is now 15 years old and wants absolutely nothing to do with us. We recently found out that the ex is sleeping with my husbands uncle (yes, very trashy I know and I am deeply humiliated writing this) and the relationship is flaunted in front of the child. The daughter has told us that we get what we deserve and it's fine with her if her mom dates her uncle because maybe he will be a better dad. She has flatly refused to spend time with her father on father's day or any other day of the year except Christmas so she gets her gifts. She has berated us and cussed us numerous times. My husband has a fatal heart condition (HCM) which he has had an implantable defibrillator installed to prevent sudden death. This child causes him tremendous stress. This is not a healthy relationship emotionally for the child or the father and the stress could cause severe, even fatal consequences to her father.

Can he relinquish his rights for the best interest of both him and his child? Thanks for your time!


Asked on 10/19/05, 1:33 pm

3 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Relinquishing Rights to an Adopted Child

A parent is obligated to support a child until an event happens - the kid turns 18 & gradutes from high school, dies, emancipated, etc.

However, a parent cannot be ordered to visit or have any sort of contact with the kid.

If the kid ignores you all year, why do you reward such bad behavior with gifts at Christmas?

I'd probably give the kid an etiquette book at Christmas.

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Answered on 10/21/05, 2:34 pm
TC Langford Langford Law Office

Re: Relinquishing Rights to an Adopted Child

Bluntly, the circumstances must be severe for a judge to terminate parental rights. Additionally, termination of parental rights does not necessarily terminate parental obligations. Judges are generally loathe to terminate the parental obligations. There may be other options available to you in your jurisdiction, I would strongly recommend that you have legal representation, since this situation has threatened your husband's health. Good luck to you. TCL

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Answered on 10/19/05, 1:58 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Relinquishing Rights to an Adopted Child

Depends on what Court you are in. I recently did exactly what you are asking for but in most Courts the answer is no you can not terminate your rights. P.S. Your husband needs to take care of his health and not participate in the conflict.

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Answered on 12/09/05, 10:42 pm


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