Wallkill, NY asked in Family Law and Child Custody for New York

Q: My ex wife in Texas has filed to terminate my parental relationship with the tow children we have together. I need help.

I don't know what my options are or how to file my response. I have 20 days to respond.

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1 Lawyer Answer

A: The asker omits much information in an otherwise broad question. The asker needs an attorney for the best answer.

Texas is one of the states of this union that allows a parent to sign away their parental rights to their child. New York has no such law. Texas Family Code, Chapter 161, Section 161.001, Involuntary Termination of Parent-Child Relationship, provides that parental rights may be terminated based on a number of grounds. Includes provisions where the parent presents a danger to the child’s health and safety, abandons or fails to support the child within their ability, and willfully abandons the mother and child during pregnancy and after birth.

Implied in the other parent's action is that she was located in Texas for a period of greater than six months for Texas courts to obtain jurisdiction over the disposition of children (UCCJEA). Then, we are told the process served upon the asker gives him twenty days to respond which Texas courts will enforce zealously.

The asker must retain Texas counsel immediately. Finding one will be difficult as the Texas Bar places sardonic constraints on the practice of law in Texas. If the UCCJEA time period is not met, then that counsel must file a motion to dismiss the petition. If the asker requires New York counsel to file a proceeding in New York, then he must do that. This question is well beyond the scope of what any attorney can answer, and only the personal intervention of a retained attorney is required to address this asker's question.

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