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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience:  Family Law Attorney
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If one parent has been incarecerated for 25 can he terminate

Resolved Question:

If one parent has been incarecerated for 25 can he terminate his rights for the best interest of the child?
Submitted: 2 years ago via ChildSupportLaws.
Category: Family Law
Expert:  LADY LAWYER replied 2 years ago.

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Is the other parent agreeable to this?

Customer:

probably not

Customer:

but due to the charges trying to get her too

LADY LAWYER :

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.

LADY LAWYER :

If she agrees, then that gives the other parent a better chance.

Customer:

He has never seen the child except for DNA testing

Customer:

The mom also has 2 other children from 2 different fathers...

LADY LAWYER :

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.

LADY LAWYER :

That will not matter to the court. But you still can file the petition asking the court to terminate your rights.

LADY LAWYER :

If the court feels it is in the best interest of the child, they can order it done.

LADY LAWYER :

And here, since there is a period of 25 years where child support will not be paid, the court may very well agree.

Customer:

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

LADY LAWYER :

Yes

Customer:

will he have to hire an attorney

Customer:

or can this be done thru the AG

LADY LAWYER :

Anyone can formulate their own petition. It cannot be done through the AG, it will need to be through the court.

LADY LAWYER :

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.

Customer:

sorry for the delay ... my brain is in over load...

LADY LAWYER :

That is no problem. This computer is super slow right now :)\

Customer:

gotta love computers...

LADY LAWYER :

Still pulling it up...

Customer:

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?

LADY LAWYER :

Yes.

LADY LAWYER :

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.

Customer:

ok great

Customer:

once it is signed will I have to file it with the court... not sure how that works.

LADY LAWYER :

You just turn it into the clerk of court.

LADY LAWYER :

And then the clerk will serve a copy on the other parent and there will be a hearing.

LADY LAWYER :

They will pull him from wherever he is for the hearing.

Customer:

you answerd before I could type

LADY LAWYER :

I try to think of all my customer's questions :)

LADY LAWYER :

He will need to file this in the county that has jurisdiction over the custody/support issues.

Customer:

is there a way I can print this so if I missed anything

Customer:

and i can be the one to file once its signed correct

LADY LAWYER :

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.

LADY LAWYER :

You can also ask more questions about this at no further charge, as long as you just post back here on this thread.

Customer:

So once I draw up the petiton and mail it to him to sign I can be the one to file it?

Customer:

on behalf of him... I also have POA

LADY LAWYER :

Yes. He just needs to mail it back to you and you can file it with the clerk.

LADY LAWYER :

You don't need to have POA to file it.

Customer:

THANK YOU :)

LADY LAWYER :

You would not be able to represent him in court, but the court will pull him from wherever he is for the hearing.

LADY LAWYER :

You are welcome! :)

Customer:

Trust me I would not want to be in the court with the custodial parent

Customer:

You have been very helpful...

LADY LAWYER :

I understand. And it has been my pleasure.

LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
LADY LAWYER and other Family Law Specialists are ready to help you

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