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Queen v. Goeddertz

Promises of visitation are unenforceable by a parent who has voluntarily terminated his parental rights.

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OPINION

Timothy Hugh Queen appeals an order from the trial court dismissing his bill of review. Queen’s bill of review contests the termination of his parental rights and adoption of his child, S.N.G., by Peter Goeddertz. (Peter was married to S.N.G.’s mother, Kathryn Paulette Ferguson, and filed for adoption as S.N.G.’s stepparent. See Tex. Fam. Code Ann. � 102.005 (Vernon 1996)). Queen’s rights were terminated and his daughter adopted by a single decree entered November 16, 1992.

Appellee does not contest Queen’s right to bring a bill of review and the trial court did not find the attack barred. *fn1 Rather, the trial court’s order dismissing the bill states, “TIMOTHY QUEEN failed to show a meritorious defense and the elements required for a Bill of Review.” Queen’s defense is that the affidavit of relinquishment of parental rights was executed involuntarily because it was executed in exchange for an unenforceable promise, namely, visitation rights.

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