Legal Question in Family Law in Texas

Voluntarily Relinquishing Rights

My husband had an affair with an unmarried womam, he found out that they conceived a child. The child is now18months old. He has not been in that childs life at all. Can he give up his parental rights, which will exclude him from all legals means? Child support has not been filed on him.


Asked on 1/15/01, 4:09 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: Voluntarily Relinquishing Rights

First, don't assume that he is the father. A DNA test will let you know for sure.

Does he want to be in the child's life? Does he want to pay child support? This question is not as frivolous as it might sound; many fathers actually want to support their offspring. It's the ones who do not that get the headlines.

It is unlikely that he can unilaterally terminate his rights. If the mother opposed it, then she would likely previal. Even if she supported his effort, there is a good chance that the judge would find that it is not in the best interest of the child to lose a means of support.

If he does nothing now, then there is every possibility that the mother will file for child support and retroactive child support later. She can theoretically go back to birth if there is no child support order in place. He might be better off agreeing to pay child support so that the mother cannot later get retroactive support.

All of this depends upon the actual facts of the case. If you are in the Austin area, I would be available to consult with you.

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Answered on 2/12/01, 3:10 pm


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