Houston, TX asked in Family Law for Texas

Q: If the biological parents agree for the father to give up rights for best interest for the child, can it be done in TX?

Father is in the military and has been stationed in a different state due to offical orders, and mother refused to move with child due an agreement of divorce. The mother and father cannot be civil in any manner.

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1 Lawyer Answer
Don Richardson
Don Richardson
  • Lufkin, TX
  • Licensed in Texas

A: Yes, it can be done, but courts in Texas are very reluctant to "bastardize" children, absent compelling circumstances. The mechanics are simple enough: the father would execute a voluntary reliquishment affidavit consenting to have his rights terminated, and the mother would file a petition for termination.

This is where it gets dicey. Once the court enters an order of termination - the child has no father. The child doesn't see Dad anymore, Mom doesn't get any child support or other help from Dad - and courts just don't like to do this, and some won't. Remember, the court's guiding principle in any matter involving children is to do what is in the best interest of the child. Now, if the purpose of the termination is because there is a stepparent who intends to adopt the child, that is a different situation - and the court would be much more likely to grant termination.

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