Legal Question in Family Law in Texas
Voluntary/involuntary termination of rights: My son's father just recently got out of jail for aggravated assault with a deadly weapon. He was on deferred adjudication for a previous assault charge (2nd degree felony) and went to jail for another assault charge. He was in jail awaiting a motion to adjudicate guilt but the motion was denied. So now he's out again. I visited him while he was in jail and he has verbally agreed to relinquish his parental rights. I need to know what steps to take from here. As I understand, most judges will not go for termination of rights unless there is a step parent to adopt but it's not a law, just a common preference. I also understand that the judge will not agree simply for one parent to get out of payments or the other parent to be rid of the ex. It has to be in the best interest of the child. My ex has an extensive criminal and mental history including schizophrenia and paranoia. He also has a past drug history. Recently he's had several issues with family violence and I believe this all falls under Texas family code as reasons to terminate parental rights.
1 Answer from Attorneys
Yes, it is hard to terminate without a step-parent but it has been done rarely. You need to talk to an experienced family law attorney in your county. Look on this website and on www.avvo.com for an attorney. Good luck!
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