Legal Question in Family Law in Texas

revoking parental rights

What age can a minor advise the courts that he no longer wants to see his mother who is an alcoholic and has not provided for my stepson in any way. Does not pay child support, reimburse my husband for insurance or offer to help him at all. He sees what the alcohol has done to her and he gets physically and emotionally sick when he thinks he has to go to her for the weekend. She hasn't come to get him in 4 months and rarely calls, but when she does, shes been drinking and he ends up acting like a different child - attitude, angry, hurt, disappointed. His dad and I have married since he received custody and My stepson has asked me to adopt him so he doesn't have to see her and states that I am more of a mother than she ever has been. She is tearing him apart.


Asked on 5/05/09, 3:01 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: revoking parental rights

Your husband needs to consult with a family lawyer. At age twelve, in a custody battle, the child can advise the court where he prefers to live. It is not binding on the court, but is a factor. Your husband already has custody, but now there is the issue of whether the visitation is harmful to the child. This is a difficult issue to establish, and by retaining an attorney, the options of supervised or restricted access can be explored. Termination of parental rights is a last resort, and may not be a viable option, without her cooperation.

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Answered on 5/05/09, 10:32 am


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