Q: How can a non-custodial parent in Texas give up parental rights without agreement from the custodial parent?
I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a modification to lower the monthly payments due to work obligations and the need to support four other children. What steps should I take to proceed with this, and is it possible without the custodial parent's agreement?
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- Answered
A:
In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally occurs in cases involving severe circumstances, such as abuse, neglect, or abandonment.
Even if the custodial parent does not agree, the court will ultimately decide based on the child’s best interest. Additionally, voluntarily giving up parental rights does not automatically terminate child support obligations. The parent may still be required to pay support unless the child is adopted by another individual who takes on that responsibility.
If your goal is to reduce your child support payments due to a change in circumstances, such as a decrease in income or the need to support other children, you may consider filing a modification request with the court. The court will evaluate whether there has been a significant change in circumstances that justifies modifying the existing child support order.
I recommend consulting with an experienced family law attorney to discuss your specific situation and receive guidance on your legal options.
Disclaimer: This response is for informational purposes only and does not constitute legal advice. You should consult an attorney for advice regarding your specific situation.
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