Family Law Questions? Ask a Family Lawyer Online.
Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.
Is the other parent agreeable to this?
but due to the charges trying to get her too
Then it is unlikely that the court will agree because they can look at it as the incarcerated parent is trying to get out of child support.
If she agrees, then that gives the other parent a better chance.
He has never seen the child except for DNA testing
The mom also has 2 other children from 2 different fathers...
The court can still order the parental rights terminated even if she is against it, but for the most part, it has to be the custodial parent that agrees to terminate the rights because they are basically giving up their child support.
That will not matter to the court. But you still can file the petition asking the court to terminate your rights.
If the court feels it is in the best interest of the child, they can order it done.
And here, since there is a period of 25 years where child support will not be paid, the court may very well agree.
Even if the charges against the non custodial parent is aggrevated sexual assualt of a minor... will the court be more likely to terminate the rights
will he have to hire an attorney
or can this be done thru the AG
Anyone can formulate their own petition. It cannot be done through the AG, it will need to be through the court.
It will just be a Petition to Terminate Parental Rights and will state why he is requesting this under the TX statutes. Let me pull the reasons the statute for you.
sorry for the delay ... my brain is in over load...
That is no problem. This computer is super slow right now :)\
gotta love computers...
Still pulling it up...
while your pulling it up ~ is this something that I can do most of the leg work online for him.. since he can not access or do this in there?
I am just going to give you the page with all the relevant statutes. You can basically write the whole petition and as long as he signs it, that is fine.
Here you go: http://law.onecle.com/texas/family/chapter161.html
once it is signed will I have to file it with the court... not sure how that works.
You just turn it into the clerk of court.
And then the clerk will serve a copy on the other parent and there will be a hearing.
They will pull him from wherever he is for the hearing.
you answerd before I could type
I try to think of all my customer's questions :)
He will need to file this in the county that has jurisdiction over the custody/support issues.
is there a way I can print this so if I missed anything
and i can be the one to file once its signed correct
Yes, as soon as you press the accept button, you will be able to print it or send it to your email. And of course, you can always come back to this question when you sign back onto this site and re-read my answer.
You can also ask more questions about this at no further charge, as long as you just post back here on this thread.
So once I draw up the petiton and mail it to him to sign I can be the one to file it?
on behalf of him... I also have POA
Yes. He just needs to mail it back to you and you can file it with the clerk.
You don't need to have POA to file it.
THANK YOU :)
You would not be able to represent him in court, but the court will pull him from wherever he is for the hearing.
You are welcome! :)
Trust me I would not want to be in the court with the custodial parent
You have been very helpful...
I understand. And it has been my pleasure.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).