Legal Question in Family Law in Texas

Termination of Rights and Adoption

I have custody of my child, age 12. His father, who has visitation rights, has not seen/spoken to his son for a year. He is also about $20,000.00+ behind on child support payments. I have remarried and am wondering about the possibiliy of my husband adopting my son.

Do the non-custodial parent's rights terminate if no contact is made with his son within a certain length of time? I don't know where his father lives; I have no phone number or address. His family has repeatedly refused to give any information to me. If there is not a time limit for termination, what would be our next step in the adoption process?

My son calls his stepdad ''Dad'', and for all intents and purposes he is. The adoption process would merely be a formality (on our end, that is; legally I understand this would not be the case). Any assistance would be appreciated. Thanks.


Asked on 6/18/02, 1:57 pm

2 Answers from Attorneys
Bradford Downs Bradford K. Downs, Jr. Attorney at Law

Re: Termination of Rights and Adoption

You can request involuntary termination of the father's parent-child relationship if the father has voluntarily left the child with you without providing adequate support of the child and has remained away for a period of at least 6 months. The rest should go smoothly. Let me know if I can do anything to help.

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Answered on 6/18/02, 2:45 pm
Laura D. Heard Law Office of Laura D. Heard

Re: Termination of Rights and Adoption

There is never an automatic termination of parental rights, but it sounds like you have a good case. In order to terminate parental rights, you will have to file suit and notify the non-custodial parent so that he will have the opportunity to contest it. However, the facts that he voluntarily abandoned the child for 6 months and paid no child support are good grounds for termination. If he would sign a voluntary relinquishment of parental rights, it would be even easier for you. Sometimes the parent who is behind on child support is willing to sign the relinquishment because it also terminates the duty to pay future child support. You said you don't know where he lives, so you will have to prove in court that you used due diligence to look for him. You should definitely hire a lawyer to help you through this process.

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Answered on 6/20/02, 11:43 pm


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