Legal Question in Family Law in Texas

my sons biological father owes him around $15,000 dollars in back child supprt and just got out of jail serving for that very thing. He Uses Drugs and is Homeless bouncing from place to place. He has pushed everyone in his family away bc everytime they tried to help him he screwed them over. My husband and i arent legally married but my son calls him daddy and calls his biological father by his first name. He has a long long history of drugs and homelessness. My husbands job is talking about moving him out of state soon and i think this would be best for my son so that his BF (biological Father) wont keep harassing me about seeing him. I dont at all trust him and have very good reason for that. now that you know that i can ask this, there is NOTHING in our custody and child support papers that say i cant move out of the state. I know that my son would be WAY better off not being around his BF, is there any way i can take away his parental rights? he is the NON-custodial parent and hasnt seen my son in almost a year. I will give up all the back owed child support to my son if i can take away his BF's rights. Also my husband wants to adopt my son, can that be done? we are saving money for a wedding so we arent technically married yet. but if we need to be married for my husband to adopt we can do so immediately. Any help or advice would be greatly appreciated! Thank you SO much for your help!

-God Bless-


Asked on 9/27/11, 12:58 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

You don't have to give up the back child support.

If Dad hasn't paid any child support for a year, that is grounds for terminating his parental rights. And yes, you can combine that with the request for adoption (by the stepfather). You file a suit for termination and adoption.

Do this AFTER you get married.

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Answered on 9/28/11, 12:46 pm


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