Legal Question in Family Law in Texas

Re: father giving up rights to son

Thank you for your post. Your sons's father cannot summarily "sign away his rights." A suit for voluntary relinquishment of parental rights must be brought before a court. A judge would have to be convinced that the relinquishment is in the child's best interest. That is not as simple as it sounds. You will need an attorney, and your son will likely be appointed an attorney ad litem to protect his legal rights. Having served as attorney ad litem in these cases, I can warn you not to be surprised if your child's attorney opposes the relinquishment. Absent some specific statutory reasons, adoption, or extraordinary circumstances you will be asking a court to find that depriving your son of not only a biological parent, but also of financial support, inheritance rights, etc., is in the child's best interest. I encourage you consult with an attorney who has experience with this type of case.