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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16721
Experience:  Licensed experienced Attorney
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I have been separated from my perpetrator for 3 years and we

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I have been separated from my perpetrator for 3 years and we have a child on the verge of 3 years old. He is incarcerated and will not be released (I pray) for the remainder of his 23 year sentence. I tried to get him to sign away custody since he has signed away and lost rights to 3 of his other children (one which is our son). He refuses to sign away his rights, but the Attorney General of Texas has designated me sole conservator of our soon to be 3 year old daughter. I have drawn up paperwork as I was told I need to get his rights terminated prior to my divorce. All this red tape shouldn't be there for victims of violence, but I am determined to terminate his rights and get divorced from him. Since, he is unwilling to terminate his right voluntarily how can I have his right terminated involuntarily, so that my children and I can live our lives free of him and I can get my divorce. Any assistance you can provide is appreciated.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about your difficult situation.

If the father your child is unwilling to terminate his parental rights voluntarily, then if can be done by filing a Petition to Terminate Parental Rights and also you can file your Divorce Petition as well, and your husband would be served with it in prison.

Termination or Parental Rights or your Divorce Petition would have to be filed with the local family court and based on the limited facts you have provided, it should not be difficult for you to get your child's father's parental rights terminated given his criminal history and the fact the he is currently in prison for a major felony and is serving 20+ year sentence.

You can hire local private family law attorney to help you prepare and pursue these petitions or if you cannot afford local private attorney, you can apply for free legal services at your nearest local legal aid society.

I wish you the best of luck!
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