Legal Question in Family Law in Texas

relinquishment of parental rights

a biological father wishes to file an affidavit to relinquish parental rights. he has never lived or married with other parent nor been to court for any child support proceding. child is 2 yrs old. he has been served but not answered or set court as yet. will this affidavidt suffice to terminate all relations and obligations?


Asked on 1/25/02, 1:39 pm

2 Answers from Attorneys
Darren Schraeder Schraeder Law Office

Re: relinquishment of parental rights

Only if the mother agrees to terminate. You cannot unilaterally terminate your relationship. Even if mom agrees to relinquish you still have to convince an attorney appointed to represent the child, and the Judge, that termination is in the best interests of the child. If the mother has a new father to step into your shoes, then an adoption would terminate your rights. The rationale for not letting you out is that there is sixteen years of child support that would be lost and this could be lots of money for the child. Since you have been served it is essential to meet with an attorney as soon as possible. Do not miss your answer date. You may call me at 972-481-7990 to set up a free consulatation. I would be happy to discuss your case in person.

Darren

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Answered on 1/25/02, 7:18 pm
Jean Sudduth Jean Sudduth, Attorney at law

Re: relinquishment of parental rights

No - it will not work. If you file no answer your former love will get a default judgment and you will face garnishment of 20% of your income for 18 years. She will also get back support and you could face jail time if the child support becomes past due. It may be time to hire an attorney and work someting out. My phone is 817 261-2671. Good luck.

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Answered on 1/28/02, 12:25 am


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