Husband and I are obtaining a divorce, Ellis County, TX. There are 2 children (agres 6 & 8) husband has no interest in custody or visitation with the children and I can support the children on my salary alone.I do not want the children mixed up with these issues (father choices) and do not want them to have the attend trials, counselors, etc. due to his lack of wanting to be a "father"....in truth I do not want them to know of there fathers lack of interest in them either.Question: Without envolving the children, is there something he can file. Like volentarly signing over full custody rights, relinquinshing visition, termination of rights, etc. to accomplish the goal of the father not having custody or visitation rights? Also, with my work I may have to move to Oklahoma within the next year....with joint custody i assume he could block me moving the children out of state? Even though he has no wishes to send time with the children, I believe he would use the children to create discord.....i do not believe there is anything I can file to restrict custody/visitation rights, to my knowledge there has been no "abuse" just a lack of interest. Or is there something I could file?
State/Country relating to question: Texas
spoke to husband, heard his wishes.
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thank you ... any assistance is greatly appreciated.
Like volentarly signing over full Custody Rights, relinquinshing visition, termination of rights, etc. to accomplish the goal of the father not having custody or visitation rights? ANSWER: A court would not typically permit a parent to terminate their Parental Rights if there is not another parent to step into the absent parent's shoes, at least with regard to supporting the children. Courts typically consider that an absent parent is better than no parent and will not permit a parent to relinquish their parental rights since they also have an obligation to support the children.However, in the separation agreement, the parties can typically agree that the mother would have sole legal and physical custody and no support is owed because the mother makes significantly more than the father. If he is not ordered to pay support and has no visitation, then you would basically achieve the same result as terminating his parental rights.Also, with my work I may have to move to Oklahoma within the next year....with Joint Custody i assume he could block me moving the children out of state? Even though he has no wishes to send time with the children, I believe he would use the children to create discord.....i do not believe there is anything I can file to restrict custody/visitation rights, to my knowledge there has been no "abuse" just a lack of interest. Or is there something I could file?ANSWER: If he agrees to grant you sole custody in exchange for agreeing to no support, there would typically be no basis for him to interfere with your decision to move out of state since it would not be affecting his rights in any way.
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Husband salary is double mine......therefore, he could easily pay support.
I guess i'm looking at more of custody/visitation.....in his prior marriage (with 3 children) he would promise to pick them up for visitation and never show up....i do not want this happening with my children. additionally, I feel he would pay support, just not visitation. Which i know works for me, but not for the children.
therefore, would the courts allow him to sign over sole custody and visitation? Or would he need to terminate is rights as a father?
Yes, the courts would typically permit the two of you to agree to forgo visitation, but not likely support because the child support guidelines would typically dictate that he pay support because of his income.If he is willing to agree to provide you with sole legal and physical custody without visitation, that is likely as good as you can get based on what you are trying to achieve for the children.
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JD, 15 years experience including family law
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