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Parental Rights Sign Over


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#1 EnlightenMe_5016

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Posted 13 May 2013 - 08:49 AM

In the state of Texas if a parent signs over all parental rights what does that mean? Is the parent who signed over allowed visitation? Is the parent who signed over required to pay child support? Is the parent who signed over still listed on the child's birth certificate?



#2 Guest_FindLaw_Amir_*

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Posted 13 May 2013 - 08:53 AM

To learn more about this topic, visit the Family Law Center and read Parental Rights and Liability as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.

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#3 pg1067

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Posted 13 May 2013 - 09:32 AM

In the state of Texas if a parent signs over all parental rights what does that mean?

 

Your question is a little like me saying, "I'm thinking of a number; what is it?"  A lot of folks mistakenly believe that a parent can simply "sign over" parental rights (either to the other parent or to a third party).  The only context in which "signing over" parental rights has any meaning is in connection with an adoption.  For example, John and Jane have a child and then get divorced.  John then marries Susan.  Jane could consent to Susan's adoption of the child, and her consent could be viewed as "signing over" her parental rights.  I will answer the rest of your questions in the context of an adoption because they don't make any sense otherwise.

 

 

 

Is the parent who signed over allowed visitation?

 

Some states will allow for a birth parent to have visitation after an adoption occurs.  However, it is rare, and I don't know if TX is one of those states.

 

 

 

Is the parent who signed over required to pay child support?

 

A birth parent who consents to an adoption that is approved by the court will not have to pay child support.

 

 

 

Is the parent who signed over still listed on the child's birth certificate?

 

No.  A birth certificate memorializes the facts and conditions of the child's birth.  Those things don't change because of a subsequent adoption.



#4 Ted_from_Texas

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Posted 13 May 2013 - 11:37 AM

What "pg1067" says, with the following exception.  In Texas, after a valid adoption is consummated, a new birth certificate can be issued with the adoptive parents listed instead of the birthparents, and the original BC can then be sealed.

 

I will reiterate that the only circumstance in which a parent can voluntarily "sign over" his or her parental rights and obligations is in the context of an adoption.  He or she can choose whether or not to be a part of the child's life -- that's his or her call to make -- but absent a valid adoption the obligation to support the child remains until the child becomes an adult.

 

A local family law attorney or firm that specializes in adoptions can answer all your questions concerning termination of parental rights and the associated legal procedures and consequences.



#5 EnlightenMe_5016

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Posted 13 May 2013 - 11:57 AM

Appreciate the feedback. Forgive my ignorance in not laying out every finite detail of the situation. If I knew the right questions to ask and the right way to ask them I probably wouldn't need this forum to begin with. But because I don't, as I'm sure others who use this forum do not either, I am stuck at the mercy of trying to get my questions answered through this method of communication. Apologies for any offense that was taken because of my lack of asking questions the right way or explaining the whole situation....

 

In a nutshell this is not an adoption case. I am divorced and have custody of my children. My ex believes that if parental rights are terminated then he will not have to pay child support. His claims are that the amount of child support the court is ordering is too high and he will not have enough money left to get by. He is threatening to sign over all rights to me so that he can escape paying child support. I am just trying to find out if there is any truth to the threat. If my ex terminates his parental rights, is he required to still pay child support?



#6 pg1067

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Posted 13 May 2013 - 12:04 PM

Appreciate the feedback. Forgive my ignorance in not laying out every finite detail of the situation. If I knew the right questions to ask and the right way to ask them I probably wouldn't need this forum to begin with. But because I don't, as I'm sure others who use this forum do not either, I am stuck at the mercy of trying to get my questions answered through this method of communication. Apologies for any offense that was taken because of my lack of asking questions the right way or explaining the whole situation....

 

No big whoop.  Unfortunately, this is one of those areas of the law where a lot of folks think they know what the law is but don't.  Apparently, your ex falls into that category.

 

 

 

In a nutshell this is not an adoption case. I am divorced and have custody of my children. My ex believes that if parental rights are terminated then he will not have to pay child support.

 

I neglected to mention that parental rights could also be terminated by a court in a case of abuse or neglect.  However, by itself, that would not terminate any existing obligation to pay child support.

 

 

 

His claims are that the amount of child support the court is ordering is too high and he will not have enough money left to get by.

 

If this is true, then he needs to go to the court and seek a reduction in the support obligation.

 

 

 

He is threatening to sign over all rights to me so that he can escape paying child support. I am just trying to find out if there is any truth to the threat. If my ex terminates his parental rights, is he required to still pay child support?

 

Only a court can terminate a parent's rights.  If you think about it for a moment, you'll see the rather obvious logical flaws in your ex's thinking (if getting rid of child support were that easy, why wouldn't every deadbeat parent do it?).  He can sign anything he likes, but there is nothing he can do unilaterally that will eliminate his support obligation.



#7 Ted_from_Texas

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Posted 13 May 2013 - 05:56 PM

There are only three ways your ex can legally avoid his obligation to support his child:  He can die; the child can die; or he can voluntarily give up his parental rights as part of a valid adoption process.  Even if his rights were terminated against his will as could happen in the case of child abuse (which appears not to be the case here) the court could still order him to pay child support.






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