I have a 9 year old son with my ex-fiance, he does have regular visitation (when he decides to show up), but does not pay child support and is behind over $22K at this point. He does not have a job and refuses to get one, and because of this I recently activated my child support case with the Attorney General and they are working on it now. I'm remarried, and my husband is the true father figure for my son, but I'm concerned that if something were to happen to me that my son would be given to my ex-fiance. I have full custody, and he only has supervised visitation at my discretion due to his drug and alcohol problems. He is also HIV positive due to his reckless lifestyle, and has developed mental illnesses from the drug use. I know this is long, and I apologize, but would I have a chance of getting his rights terminated involuntarily (he would never agree), or is there some other legal document that we could have drawn up that protects my son from him? Please help, thank you!!
State/Country relating to question: Texas
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QUESTION: "...would I have a chance of getting his rights terminated involuntarily (he would never agree), or is there some other legal document that we could have drawn up that protects my son from him?
ANSWER: I am truly sorry for your circumstances and all you have endured as an obviously caring mother. Here is how this works. I am a Texas lawyer with family law experience, so I will give it to you straight and not do you the disservice of sugarcoating anything. There is no private document you can use here, period. Rather, you have two options. First, you can go back to Court and seek a modification. Secondly, you can go to Court and seek an involuntary termination of parental rights. In all candor, even in spite of everything you have mentioned, all of which I take at face value and fully believe, this is an incredibly uphill battle and you must meticulously comply with numerous requirements to fulfill meeting the due process rights of the other parent. Worse yet, unlike some more "user friendly" jurisdictions, we are way behind times in terms of resources for family law litigants such as free forms and so forth. That means your first step is to confer with local family law counsel. The good news, however, is that you can do so for $20, which is an absolute bargain: State Bar of Texas Lawyer Referral Information Service.
I truly hope all works out for you. I know this is a lot to take in, so please do not hesitate to write back. After you select "Accept", our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.
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