Texas family law emphasizes the protection of parental rights and responsibilities. Terminating these rights is a serious and complex process, undertaken only under specific circumstances and with careful judicial consideration. If you’re considering petitioning for termination or have been served a notice of termination, consulting with a Frisco family lawyer is crucial to understand the implications and explore your legal options.
Why would a partner’s rights be terminated in Texas?
There are a few reasons why parental rights would be terminated in Texas. One of the most common reasons would be in cases of adoption, such as birth parents giving up their rights to a child so they can be adopted, or if a step-parent wishes to adopt the child and petitions for the other biological parent’s rights to be terminated.
The Texas Department of Family Protective Services (DFPS) can also petition for the termination of parental rights, although this is a long, complex process intended to protect the child’s safety and welfare.
Either biological parent can file for a termination of parents’ rights. In addition, a few other people may be able to file for termination of parental rights, including:
- Any individual with court-ordered access to the child
- Any man who alleges he is the father of the child
- A foster parent of a child placed by DFPS (under certain conditions and after a waiting period)
- Prospective adoptive parents
Specific close relatives of a child may petition for termination of parental rights if both parents have passed away or if one parent has and the other parent (or the child’s managing conservator) agrees. These same relatives (grandparent, great-grandparent, sibling, aunt or uncle, or niece or nephew) can also petition for termination of parental rights if the child’s health or emotional development is at risk in their present circumstances.
Other parties who may have the right to petition for a termination of parental rights include anyone who has had legal guardianship or conservatorship of the child for a certain amount of time (usually at least six months) and is an interested party in the child’s welfare.
Voluntary vs. involuntary termination of parental rights
When a biological parent terminates their own rights of their own accord, it’s considered voluntary termination of their rights. They must file a witnessed affidavit with a Texas family court affirming that they are giving up their rights to the child.
Although a parent can voluntarily give up their rights to the child, a family law judge must determine that terminating the parental rights is in the child’s best interest.
Involuntary termination of parental rights is when a biological parent does not consent to giving up their legal rights to the child. A judge must find clear and convincing evidence that terminating that parent’s rights is in the child’s best interest.
Grounds for involuntary termination of parental rights in Texas
Any petition for involuntary termination of parental rights must contain clear reasons why doing so is in the best interest of the child. These can include:
- The child is knowingly placed in harmful conditions
- Failure of the child to be enrolled in school (this does not including homeschooling the child rather than enrolling in public school)
- Voluntary abandonment of the child
- Failure to support the child for at least one year
- Parent absent from the child’s home without the consent of the other parent or guardian
- Conviction of deferred adjudication for specific crimes against children
- Failure to comply with substance abuse treatment or continued substance abuse
- Murder or attempted murder of the child’s other parent
- Knowingly engaging in criminal conduct leading to a conviction of at least two years, in which the parent is unable to care for the child
Essential facts about parental rights termination in Texas
Texas judges take the relationship between parent and child seriously and will not revoke legal parental rights without serious justification. Some things to remember about termination of parental rights:
- A court order is always required to terminate parental rights, even if both parents support it
- The court makes its decision based on the child’s best interests
- Grounds for involuntary termination of parental rights include abandonment, abuse, neglect, consistent lack of involvement in the child’s life, and failure to provide necessary care
- The petitioning party carries the burden of proof to justify their position to terminate parental rights
Understanding termination of parental rights with Albin Oldner Law
Whether you’re the parent seeking termination of parental rights, if you’ve been served with notice of a petition to terminate your rights, or if you’re concerned about a child for whom you have legal conservatorship, a Frisco family law attorney from Albin Oldner Law can help. Please call (214) 423-5100 to request a consultation.
