Legal Question in Family Law in Texas
termination of parental rights
How would I go about terminating the father of my 3yr old son's rights? He is in agreement on the issue and want his rights terminated because he is convenced that he will be returning to prison for 25yrs to life. Any advice or help you could give me would be greatly appreciated.
3 Answers from Attorneys
Re: termination of parental rights
If agreed, then you can file a motion to terminate. The father will need to sign a Affidavit of Relinquishment of Parental Rights. However, this is still a very tricky process and almost surely will need an attorney to draw all this up. Most courts will want an ad litem appointed to represent the child to certify to the court that this is best for the child.
Re: termination of parental rights
It is unusual for a court to terminate one parents rights, without another parent (stepparent) ready to step in to adopt the child. You need an attorney to properly prepare the case to establish to the court that it is in the best interest of the child to make an exception to the rule.
Re: termination of parental rights
The best interest of the child is the judge's focus; so you will need an attorney to convince the judge and the attorney the judge appoints for the child.
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