Legal Question in Family Law in Texas

Giving up parental rights

My daughter is 10 weeks old and I am a single mom, her biological father has decided he wants to give up his rights to her. We had an affair and he is still married and thinks it would be easier on everyone if he just gave up rights and we both moved on with our lives. He is currently on disability and doesn't want to go through the whole attorney general/child support process. Can he give up his rights and if so what do we need to do to get that done before my daughter is old enough to know what is going on?!


Asked on 12/06/08, 9:59 pm

2 Answers from Attorneys

Fran Brochstein Attorney & Mediator

Re: Giving up parental rights

It would depend on the Judge that your case is assigned to.

Many judges will NOT terminate parental rights because it is the policy of the State of Texas for BOTH parents to support the child.

If you die, then she would be an orphan.

Also, the taxpayers of the State of Texas elect the Judges and most taxpayers want parents to support their children -- and not the public.

I would definately talk to an attorney in your area to determine what the courts in your county tend to do.

Best of luck!

Happy New Baby!

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Answered on 12/06/08, 10:12 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Giving up parental rights

Of course he does! Giving up his rights and moving on means no messy strings like supporting his child or dealing with an irate wife for him and all the responsibilities and expenses for you. It takes two to make a baby and your daughter deserves at least the monetary support of the man who fathered her.

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Answered on 12/07/08, 3:41 pm


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