Legal Question in Family Law in Texas
I want to know how i would go about asking my sons biological father to give up his parental rights? If my son's father does give up his parental rights will he still have to pay child support? What rights would be taken aways if he signs his parental rights away. Also, how i would be able to change my son's last name to my last name?
1 Answer from Attorneys
It's important to remember that DAD GIVING UP HIS PARENTAL RIGHTS isn't the same as A JUDGE SIGNING A TEMRINATION ORDER. I have been involved in two different cases where the parents agreed that one of the parents would give up his rights ... and a Judge said NO.
Parental rights are terminated by a Court, not by a parent.
If Dad signs an affidavit of relinquishment and the Judge goes along with terminating his rights, Dad no longer pays child support (if there's an arrearage, it isn't automatically extinguished), and Mom can change the child's name.
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