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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23935
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I'm ***** ***** and it's regarding child custody
, I

Customer Question

Hi. I'm ***** ***** and it's regarding child custody
JA: Thanks. Can you give me any more details about your issue?
Customer: I have custody of my 8 year old son. His father and I have been apart for over 7 years. We had temporary orders with him having supervised visitation. We couldn't agree on final orders so for the time being he got child support arrangements made. The clerk "lost" the order, but they have been garnishing his paycheck for the last 5 years or so.
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 10 months ago.
Category: Family Law
Customer: replied 10 months ago.
Since the order was "lost" he has been essentially overpaying and the attorney general has flagged the file and withholding child support. So now I'm at a crossroads. I think I would like to take this opportunity to have my husband adopt my son, but not sure what the process is in the state of Texas.
Customer: replied 10 months ago.
The biological father has only seen our son twice in the last 3 years, but I have never approached the topic of severing his parental rights. I'm not sure how he would react.
Expert:  FamilyAnswer replied 10 months ago.

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.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm

Expert:  FamilyAnswer replied 10 months ago.

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Expert:  FamilyAnswer replied 10 months ago.

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!

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