Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. If his parental rights were terminated and your husband adopted your son, then his obligation to pay child support, would cease. However, if he will not voluntarily allow this, then he can only be done by court order and certain factors must be present and shown, to give the Judge the ability to do this. I have provided a link below to the Texas code, so you can review it and apply it to the current situation. If they do apply, then you would need to proceed through the court and petition for the involuntary termination of his parental rights, assuming he 1) does not agree or 2) there are factors present which could allow it. Seeing how he has only seen your son twice in the last 3 years, he may be willing to do this if it means he will not have to pay child support. Of course, it is at his discretion.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!