Legal Question in Family Law in Texas
What rights does he really have?
I live in Texas and my ex boyfriend lives in Illinois and we have a 2 yr old little boy together. We've been split up for about six mos now and he is remarried. He has signed the baby's birth certificate, but a DNA test was never done and I haven't went after him for childsupport or nothing. He's been in and out of jail. He's had four different domestic battery counts on him from four different people and the recent one was 2 weeks ago. He has also been pulled over in Lousiana and they done a drug test on him and he failed about a month ago. I have no prior record. He never see's or calls my son and is now telling his family that the baby is not his cause I left him. ( I have also had a prior restraining order on him for hitting me, but had it dropped) What are his rights or does he even have any? Please help I don't even want him around my son. He's nuts!
Worried mother.
2 Answers from Attorneys
Re: What rights does he really have?
If you live in Harris County, the judges don't like to termiante parental rights.
However, you might be able to get supervised visits for him to see the kid here in Harris County, Texas.
Re: What rights does he really have?
You should explore, with the assistance of an attorney, petitioning the court to terminate his parental rights. It is doubtful if in the near future, he will be a productive father, and he currently has no interest in being one.
By terminating his rights, you will lose the right to demand child support, but you will have the opportunity to start over without him causing more problems for you.
If you cannot terminate, then at least go to the AG and get a paternity and child support order, together with a restraining order.
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