Legal Question in Family Law in Texas
my son's father wants to sign his rights over which i agree with because of his viloent anger problem.. but of course he has no record of violence. i would like to file for child support because i have been raising my son alone for almost 9 months now without any help from him, but im afraid the attorney general would just do a trial and error type thing of visitation due to my sons father not having any criminal record really.. i would never forgive myself if he hurt my son. he doesn't want my son anyway but he would most likely say he wants visitation out of spite because he would be made to financially support our son. im not sure what to do and how to go about the signing the rights over process... can you please give me and over all onlook on this situation please what i should do and what would be easier.. thank you so so very much.
-ashley.
1 Answer from Attorneys
I think you're saying that you want to terminate Dad's rights, and he won't object, that is, he would go along with it.
Here's the problem: you have to get a Judge to go along with it (and sign an order of termination). The Judge might ask: Why is it in the child's best interest to have Dad's rights terminated? Two adults are legally responsible for this child; you want to reduce that number by 50%; why is that good for the child?
Judges are always suspicious, in these kinds of cases, that Mom and Dad are selling the child down the river.
I have seen two cases where the parents wanted Dad's rights terminated, but the Judge said NO.