Understanding Parental Rights Termination in Texas

Grounds for Termination of Parental Rights

• Abuse or neglect: Instances of physical, emotional, or sexual abuse, or chronic neglect, can warrant the termination of parental rights to protect the child’s well-being.
• Abandonment: When a parent fails to maintain contact or support for a significant period without just cause, it may lead to the termination of parental rights.
• Substance abuse: Persistent substance abuse issues that jeopardize the safety and stability of the child may serve as grounds for termination.
• Mental illness: Severe untreated mental illness that impairs a parent’s ability to provide a safe and nurturing environment for the child can be considered in termination proceedings.

Legal Procedures for Filing Parental Rights Termination

1. Consultation with an Attorney: Seek legal counsel from a knowledgeable attorney specializing in family law to understand your rights, obligations, and options.
2. Petition Filing: Prepare and file a petition for termination of parental rights with the appropriate court, outlining the grounds and evidence supporting the request.
3. Legal Proceedings: Attend court hearings as scheduled, presenting evidence and arguments in support of the petition.
4. Best Interest Assessment: The court considers the child’s safety, stability, and relationship with the parent before deciding.

Seeking Professional Guidance: Your Path to Clarity

1. Legal Expertise and Guidance

• Legal Assessment: Conducting a comprehensive evaluation of the case to determine the grounds for termination and the likelihood of success.
• Strategic Planning: Devising a strategic approach tailored to the unique circumstances of each case, ensuring that the client’s objectives are pursued effectively.
• Compliance with Legal Requirements: Ensuring that all necessary documentation is prepared accurately and filed in accordance with legal guidelines, minimizing the risk of procedural errors.

2. Advocacy for Client’s Rights

• Representation in Court: Acting as a zealous advocate during court proceedings, presenting compelling arguments and evidence in support of the client’s position.
• Protection of Due Process: Safeguarding the client’s procedural rights throughout the legal process, challenging any violations or infringements that may occur.
• Negotiation and Mediation: Exploring alternative dispute resolution methods, such as negotiation or mediation, to pursue amicable resolutions while safeguarding the client’s rights.

3. Navigating Complex Legal Procedures

• Guidance Through Legal Process: Providing clear explanations of the legal process, court hearings, and potential outcomes, empowering clients to make informed decisions.
• Preparation for Court Proceedings: Assisting clients in preparing for court appearances, including witness preparation, evidence gathering, and legal strategy formulation.
• Adaptation to Legal Developments: Keeping up with changes in family law and case law to ensure the client’s case aligns with evolving legal standards.

Implications of Terminating Parental Rights (TPR) in Texas

• Separation of Legal Bonds: TPR results in the permanent severance of parental rights and responsibilities towards the child. This encompasses all legal ties, including custody, visitation, and financial support.
• Potential Adoption or Guardianship: Following TPR, the child becomes eligible for adoption or placement with a permanent guardian. This facilitates the child’s placement in a stable family environment, ensuring their safety and well-being.
• Forfeiture of Parental Rights and Privileges: Parents whose rights are terminated relinquish all legal decision-making authority, visitation privileges, and inheritance rights concerning the child. They cease to be recognized as the child’s legal parent in any capacity.
• Emotional and Psychological Ramifications: TPR can trigger significant emotional and psychological repercussions for both parents and children involved. It often constitutes a distressing experience, eliciting feelings of loss, grief, and bewilderment. Both parties may necessitate support and counseling to navigate the emotional aftermath of TPR.

Who has the authority to initiate a termination of parental rights case?

Either parent can instigate a termination of parental rights case. However, individuals who are not the child’s biological parent may also file a termination of parental rights case under specific circumstances, including:

• Anyone with court-ordered access or visitation to the child, as directed by a court from another state or country.
• A man who claims paternity of the child.
• A foster parent who has cared for a DFPS-placed child for at least 12 consecutive months. This ends no more than 90 days before the initiation of the termination case.
• A prospective adoptive parent granted standing under a statement conferring standing.

Relatives such as grandparents, great-grandparents, siblings, aunts, uncles, nieces, or nephews may file if:

• Both parents are deceased.
• Both parents, the surviving parent, or the managing conservator give consent.
• The child’s present circumstances pose significant risks to their physical health or emotional well-being.
•  The individual has had actual custody, control, and care of the child for at least 6 months, ending no more than 90 days before the filing date of the termination case. This excludes foster parents.
• Designated as the managing conservator through an affidavit of relinquishment or granted written consent for adoption.
• Resided with the child and the child’s parent, guardian, or conservator for at least 6 months, ending no more than 90 days before filing the termination case, and the child’s parent, guardian, or conservator is deceased.

Which organizations and agencies can file for termination?

A termination of parental rights case may also be brought by the representatives and organizations listed below:

• The person or estate guardian of the minor.
• The minor bringing the legal action via a designated agent (a guardian ad litem or attorney ad litem, for example).
• A body governmental.
• The Family and Protective Services Department.
• A certified child placement service.

Key Considerations

• The overriding principle governing all TPR determinations is the welfare of the child. Courts prioritize the child’s safety, stability, and overall well-being when assessing the necessity of TPR.
• Acknowledging and valuing diverse backgrounds and viewpoints throughout the TPR process is imperative. Families from various cultural backgrounds receive proper consideration for their needs and preferences through culturally sensitive approaches.
• It is imperative for both parents and children embroiled in TPR proceedings to seek legal representation. Legal counsel safeguards their rights and ensures adequate representation throughout the legal proceedings.
• A myriad of support resources are accessible to families entangled in TPR proceedings.
• Child Protective Services (CPS), legal aid organizations, and advocacy groups offer help, guidance, and resources to parents and children dealing with TPR.

Attorney Artessia “Tess” House and her team at Tess House Law, PLLC, are here to provide compassionate guidance and vigorous advocacy.