Legal Question in Family Law in Texas

Re: Taking away an incarcerated parents rights.

I cannot tell you Florida law, but after you move to Texas, you would be requesting a termination of parental rights in Texas. The courts do not favor termination of parental rights, but will do so for the best interest of the child with the proper evidence. The court will be much more likely to do so if the father agrees to it. If your ex is willing to sign a voluntary relinquishment of his parental rights, the process will go much easier. The main reason the judge might feel it isn't in the child's best interest is that after termination, the father is no longer responsible to pay child support. However, if he hasn't been paying anyway when he had the ability to do so (before he was incarcerated), that is grounds for involuntary termination.

It is very important to proceed carefully as there have been cases where the termination was done improperly and then later on appeal, the case was reversed. You should definitely hire an attorney to do this for you. A petition will be filed and served on the father, and he will be asked to file an answer or sign a waiver and voluntary relinquishment. The evidence must be presented to the judge, with an order prepared for the judge to sign.

Alternatively, you might seek sole managing conservatorship with supervised or very restricted visitation rights to the father. That way, he would not be off the hook for child support.

In a termination suit, the court will consider that the father did not provide support or care for the child for 2 years or more, and that he was convicted of a crime (criminal conviction alone is not enough to support termination).

If you need an attorney in the San Antonio area, call my office at 210-655-9090.

Re: Taking away an incarcerated parents rights.

You say that you want to do that before coming to Texas. If so, then you need to talk to a lawyer in Florida as their procedures are likely to be different.

If you wish to do so AFTER moving to Texas, then you need to file a petition to terminate his parental rights and have it served on him. Grounds for termination include lack of support, abandonment, and being convicted of a crime and not being able to care for the child for two years. The other test is the "best interests" of the child.

If he answers the suit, then you will need to put on evidence to prove your grounds.

It is very important to do everything right in a termination so that the other parent cannot come back and overturn it. There have been heartbreaking cases where a parent later came back and "undid" an adoption because he was not properly terminated. You should not attempt this without an attorney.

Judges do not like to terminate if the parent is trying but that does not seem likely here.

Re: Taking away an incarcerated parents rights.

I think you are talking about termination of parental rights if you speaking of taking your ex-husband's rights away. This is an extreme measure and there need to be compelling reasons to have a court grant this relief. What I think you are asking for is sole custody. That should be achievable under the circumtances. Non-contact and/or non-payment of support are generally not solid enough reasons to terminate, especially if he is incarcerated. Please feel free to contact my office if you wish to discuss the matter in greater detail.

Re: Taking away an incarcerated parents rights.

File a Petition to Terminate Parental Rights.

Have it served on him.

Present your evidence.