Legal Question in Family Law in Texas
Terminating paternal rights
I've been informed that if the parent who has the responsibility of paying child support has not paid in 6 or more consecutive months, I could file to terminate his rights. Is that correct?
2 Answers from Attorneys
Re: Terminating paternal rights
My short answer for the courts in Harris County, Texas is NO.
The courts will not terminate a person's parental rights for missing 6 months of payments alone.
If you live in the Houston area, I offer a free telephne consultation at 713-847-6000. Be sure to let my secretary know that you found me on lawguru.com.
Re: Terminating paternal rights
Hello --
Section 161.001(1)(C) provides for exactly that -- "The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months."
This may be an option you would choose to pursue, even though with termination the support obligation would cease. If you would like to consult with this office regarding such a matter, please feel free to e-mail us at: [email protected] or call 1.800.292.7002. We handle family law cases throughout the state of Texas and would be happy to consult with you at no charge.
All the best to you,
Joshua Wintters
Attorney at Law