Legal Question in Family Law in Texas

Re: taking a parents rights away

The issue is how is it in the child's best interest to terminate parental rights rather than bring a contempt action for refusal to pay child support? It seems that compelling the father to pay child support and provide medical insurance, whether the father visits the child or not, would improve the child's living conditions and be in the child's best interests, unless of course there is substantially more to the facts than you have stated.

Termination of parental rights is not to be looked at as punishment for the errant ex-spouse, but rather is to be considered in light of the child's best interests.

Re: taking a parents rights away

One of the grounds for termination of parental rights is failure to support. The courts will, frequently, give the dad another chance and if he does so, termination is unlikely.

You can enforce the failure to pay child support by getting a judgment and contempt (jail). That is the normal method of obtaining child support.

Of course, if the father wishes to relinquish his rights, then it is easier, but even then, a judge will think twice (or more) before letting you give up the right to the support. The case will completely turn on the facts involved.