Legal Question in Family Law in Texas
can i terminate fathers rights if he never pays child support
My ex-husband has not paid his child support in almost a year and the attorney generals office cannot find him. He is always jummping from job to job and he never provides correct phone numbers or addresses. I am engaged and my fiance would like to adopt my son when we are married. My son has expressed to me that he dislikes his father because he does not help me with him and he calls my fiance daddy. Can we have my ex-husbands rights terminated and have my fiance adpot my son? If not how do we go about finding my ex-husband and enforcing the child support order?
1 Answer from Attorneys
Re: can i terminate fathers rights if he never pays child support
If he has failed to pay child support for a period of at least one year during the time immediately before filing the petition, then you have grounds to terminate his parental rights.
Judges do not like to approve such a move, unless it is simultaneously filed with an adoption, in order to ensure the future support of the child.
Therefore, as soon as you and your fiance marry, if the ex still has not provdied support, then contact a lawyer to pursue the termination and adoption.