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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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is it true that if a father fails to financially support his

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is it true that if a father fails to financially support his child, by the age of 2 he automatically loses his rights?

Hello and welcome.

Please note: (1) this is general information, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a delay between your follow ups and my replies as I review your responses and prepare your answer.

Are you asking whether a biological father cannot pursue parental rights if the child is more than 2 years old? Do you know where you heard this that a father automatically loses parental rights if he does not support the child in the first years of life?

Customer: replied 4 years ago.

Hi, My son had a baby with his girlfriend and has not applied to pay childsupport because the mother and her family do not want him to pay child support.

Hello again and thank you for clarifying the situation for me.

Parental rights are never automatically terminated. However, if a parent shows no interest in a child for an extended period of time and does not support the child, their parental rights can be terminated by court order.

Here is a link to the TX code setting on the grounds on which parental rights may be involuntarily terminated:

http://law.onecle.com/texas/family/161.001.00.html

Courts will often deny such a petition though if the non-custodial parent can support the child, but grant sole custody or possession to the parent who has cared for the child. This is often the finding which courts determine is in the best interests of the child--denying visitation to the parent who abandons the child, but ordering them to pay support.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.

Customer: replied 4 years ago.

Hi Tina,


 


Thank you for the information. I would like to know if the father can not support the child in the fashion the mother is used to and doesn't work because her parents are supporting her and the baby in a very lavish lifestyle. What rights does he have for visitation? if any?

Hello again,

Support and visitation are two separate issues in the eyes of the law. Child support guidelines would typically dictate the amount of support a parent must pay and your question about abandonment or other wrongdoing by a parent would often be relevant with regard to visitation granted. Courts do have the discretion to enter an order of support and deny visitation where a parent has shown no interest in the child.

But they are generally required to follow the support guidelines set out by the state legislature. Here is a link which to the state attorney general's website which provides a support calculator based on the state support guidelines:

https://www.oag.state.tx.us/cs/calculator/

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Note: Please feel free to request me if you have future legal questions by going to your “My Questions” page and clicking on “Request Tina again” next to my photo. I look forward to hearing from you again.



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