Legal Question in Family Law in Texas

Re: post nup agreement

Thank you for your post. Your husband 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 the child/ren will likely be appointed an attorney ad litem to protect the child's 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 child/ren of not only a biological parent, but also of financial support, inheritance rights, etc., is in the child's best interest. Infidelity is not a factor.