When Can Parental Rights Be Terminated in Texas Family Law Cases?

 Posted on May 24, 2023 in Child custody

Parental rights are a fundamental aspect of family law. A person who is legally recognized as a child's parent will have the right to have an ongoing relationship with the child, and they will also have the obligation to provide support and ensure that the child's needs are being met. However, in certain circumstances, parental rights can be terminated. This will usually be an issue that will be addressed in adoption cases, since before a child can be adopted by another party, the parental rights of one or both of their biological parents must be terminated.

The termination of parental rights may also be an issue in cases involving Child Protective Services (CPS). If CPS decides to remove a child from a parent's custody because of issues such as domestic violence or substance abuse, it may take action to terminate a parent's rights, place the child in foster care, and arrange for the adoption of a child by foster parents or other parties. Because issues related to the termination of parental rights can be complex, it is important for parents and other involved parties to understand when a parent's rights can be terminated and the procedures that will be followed in these cases.

Grounds for Termination of Parental Rights in Texas

There are some situations where a parent may voluntarily agree to give up their parental rights. This is often a factor in stepparent adoption cases, and when a stepparent wishes to become a child's legal parent, the child's other biological parent may agree to the termination of their rights. However, if a parent is not willing to give up their rights, if they refuse to participate in legal proceedings related to adoption, or if they cannot be located, steps may be taken to have the parent's rights involuntarily terminated. Involuntary termination may also be appropriate in situations where children are removed from a parent's custody due to issues that could affect their health, safety, and well-being.

When determining whether termination of parental rights may be appropriate, courts will consider whether this would be in the child's best interests. The reasons for terminating parental rights may include:

• Child endangerment - Any actions by a parent that could put children's physical or emotional well-being at risk may lead to the termination of parental rights. These actions could include substance abuse, criminal behavior, or neglect of a child's basic needs such as food, clothing, and medical care. If a parent allows a child to come into contact with a sexual predator, this may also be considered endangerment.

• Abandonment - A parent who has failed to maintain a relationship with their child or provide the necessary care could have their parental rights terminated. Abandonment by a parent may include leaving a child in the care of someone else and stating that they do not plan to return or leaving the child with another party and failing to return for at least three months without providing child support.

• Failure to support - If a parent failed to provide child support when they had the ability to do so for at least one year, this may be a reason to terminate their parental rights.

• Criminal activity - Convictions for crimes that involve the injury or death of a child may be a reason to terminate a parent's rights. These include murder, manslaughter, assault, sexual assault, child endangerment, and child trafficking. In addition, if a parent is convicted of a crime and imprisoned for at least two years, and they are unable to provide care for their child, their parental rights may be terminated.

These are just a few of the reasons why parental rights may be involuntarily terminated. In general, if a parent does not comply with requirements put in place by CPS after a child is removed from their custody, or if they engage in other actions or activities that could put a child at risk, they may lose their parental rights.

Contact Our Tarrant County Adoption Lawyer

If you are planning to adopt a child through the foster care system, or if you wish to adopt your stepchild, you may encounter issues related to the termination of the rights of one or both of the child's birth parents. At Daniel R. Bacalis, P.C., our Hurst adoption attorney can help you address these issues correctly, and we will advise you on the best steps to take to demonstrate that the termination of parental rights will be in the child's best interest. Contact our firm at 817-498-4105 to schedule your free consultation.

Sources:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm 

https://www.dfps.texas.gov/handbooks/CPS/Files/CPS_pg_5560.asp