Legal Question in Family Law in Texas
Termination of Parental Rights
My exhusband has not given me child support and has not had any contact with my daughter for more than 4 years. He lost his license to practice law because of not paying child support to me and his other exwife. He is a drug user and is using drugs now. When he was in the picture, my childs grades plummetted and now, she's in the third grade and has 6th grade level reading. She's doing great and she does not want to see him. I have never and never will say anything bade to my child about her dad. My questions is can his rights be terminated? Can I have sole custody of my 9 year child. I am really scared that one of these days he will come back and tell me he wants to see my daughter. If the courts deny the right to terminate, can my child just refuse to see him? or does she have to be forced? I know that there is an age, I don't know if its is 10 years old or 12 where they can decide on their own. Please advise.
2 Answers from Attorneys
Re: Termination of Parental Rights
A child cannot decide anything until the day they turn 18.
The 12 year old law that you mentioned refers to the fact that after 12 years old a child can state who they would like to live with but it is not binding on the judge.
If the guy's on drugs, his visitation should be supervised. There is the SAFE program for people with anger issues, drug issues, alcohol issues, etc.
If you live in Harris County, feel free to contat me. I can't leave my phone number this website.
www.familylaw4u.com
Re: Termination of Parental Rights
If he hasn't paid child support nor exercised visitation, his rights can be terminated.
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