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-   -   involuntary termination of fathers rights (http://www.mothering.com/forum/95-texas-oklahoma-new-mexico/1433706-involuntary-termination-fathers-rights.html)

sisteruvkorn 07-16-2014 04:12 PM

involuntary termination of fathers rights
 
Hi, not sure where this topic would go. But I was wondering if anyone has had any success in terminating fathers rights in san antonio? For me, the reason behind this decision are that he is mentally unstable. He has attempted suicide in December 2013, even now continues to text about dying.he is a liar, told me last year his mom died of lung cancer...I found her alive on fb a couple of weeks ago. He said that the reason he wasnt at our sons birth in April 2014 is bc he was in jail for assault. Which I found out that was a lie too. He hasnt revealed where he was or why. I know he wants attention but hes gone to extreme lengths to get it. Also has anger issues, he has told me(while holding our son) that he had a lot of anger and feels sometimes violence is the only way to feel better.

He says hes going to fight for custody. I already spoke to an attorney, he told me I cant terminate just bc the father is a 'hothead' and wants attention. Im going to see another attorney though. Anyone have advice or similar stories?

sisteruvkorn 07-16-2014 04:18 PM

Oh his name is NOT on the birth certificate.

Quote:

Originally Posted by sisteruvkorn (Post 17829162)
Hi, not sure where this topic would go. But I was wondering if anyone has had any success in terminating fathers rights in san antonio? For me, the reason behind this decision are that he is mentally unstable. He has attempted suicide in December 2013, even now continues to text about dying.he is a liar, told me last year his mom died of lung cancer...I found her alive on fb a couple of weeks ago. He said that the reason he wasnt at our sons birth in April 2014 is bc he was in jail for assault. Which I found out that was a lie too. He hasnt revealed where he was or why. I know he wants attention but hes gone to extreme lengths to get it. Also has anger issues, he has told me(while holding our son) that he had a lot of anger and feels sometimes violence is the only way to feel better.

He says hes going to fight for custody. I already spoke to an attorney, he told me I cant terminate just bc the father is a 'hothead' and wants attention. Im going to see another attorney though. Anyone have advice or similar stories?


One_Girl 07-16-2014 04:49 PM

I'm not in this area but if you aren't married and his name isn't on the certificate he has no rights. He'd have to petition the court to get placed on the certificate. I suggest having a lawyer at the ready just in case he petitions for rights but I'd try no to worry until he does. Guys sometimes say a lot and threaten a lot but don't follow through.

If he does file he will probably get some visitation. I'd focus on fighting for him to only get the minimum and for a home study. I would also file for child support at the same time.

greenemami 07-16-2014 06:52 PM

Yup, technically he has no legal rights if he is not on the BC. He will have to go through the process with the court to file to be added to the BC, which generally involves a paternity test if either party requests it. Only then could he petition for visitation/custody. Do you think he will really go through that process or is he just trying to get to you? Does he see your son now? What is the issue that prompted you to want to terminate his rights/him to file for custody?

FWIW, no, you cannot just terminate his rights-in many states, you would need another parent ready to adopt even if he was willing to terminate, but from my understanding, he would have to abandon your child for a certain period of time to involuntarily terminate (meaning no contact, no child support, etc.)

sisteruvkorn 07-17-2014 10:09 AM

He wants to see his son but I just dont feel safe around him so Im not allowing visitations right now. Sometimes hes all talk but I worry bc he doesnt make that much money, it will be easier for him to get legal help. Whereas I make too much money to get legal aid. Was told I have to make less than 23000 to qualify. But thanks for yalls responses!

bluebird537 07-31-2014 06:36 AM

I think if he's mentally unstable, and you could prove it in court (with something like having him committed into a mental institution or proving his insanity) then he can be denied custody and visitation rights. Be sure to consult a legal professional to understand the laws around this topic and what the courts need to be able to help you.

anj_rn 07-31-2014 06:42 PM

In Texas, he has no legal rights for visitation if he is not on the birth certificate and is not paying child support. It is almost impossible to get rights terminated in Texas. If he does sue to be added to the birth certificate, you can request that he only have "supervised visitation." You need to start documenting incidences now. Anytime he calls, threatens suicide, claims to have been incarcerated, you need to document it. Then you will have something to help with your case.


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