The Role of the Child’s Best Interests in Terminating Parental Rights

In any Texas court case involving a child, the courts attempt to make decisions based on the child’s best interests. From custody to visitation rights to terminating parental rights, the courts strive to ensure their rulings provide the most positive environment possible for the child. In this article, we’ll delve into the role of the best interests of the child standard in relation to terminating parental rights in Texas, beginning with a quick examination of the standard, followed by its associated criteria, and how that criteria influences a court’s decision to revoke a parent’s rights.

 The Best Interests of the Child Standard

The best interests of the child standard is a legal principle used in family law to determine decisions regarding matters affecting a child’s welfare. This standard is intended to ensure that legal decisions promote the child’s physical, emotional, and developmental needs.

How Does a Court Determine the Best Interests of a Child in Texas?

In Texas, when judges evaluate what is in the best interests of the child, they consider a range of factors to ensure the child’s overall well-being and safety, including the following criteria:

• Emotional and Physical Needs: Are the child’s emotional and physical needs being met? This includes the child’s need for a stable and loving environment, as well as their physical health and safety.
• Parental Ability: Does the parent have the ability to provide for the child’s needs, including the capacity to offer emotional support, financial stability, and appropriate supervision? This also includes evaluating the parent’s history of abuse, neglect, or substance abuse.
• Stability and Continuity: Which environment offers the most stability? Does the child’s current living situation provide a consistent routine and secure attachments?
• Relationship with Parents and Siblings: What is the child’s relationship with each parent and any siblings? Maintaining or strengthening these relationships can be important for the child’s emotional health.
• Child’s Preference: What is the child’s preference? Depending on the child’s age and maturity, their preferences may be taken into account.
• Parental Cooperation: Does the parent have the ability to cooperate with the other parent in matters related to the child’s upbringing, including communication and decision-making? Conflict between parents that could adversely affect the child may be considered.
• Home Environment: What is the physical and emotional environment of the home? This includes safety, cleanliness, and the presence of a supportive and nurturing atmosphere.
• Parental Involvement: How involved is each parent in the child’s life, including participation in school, extracurricular activities, and daily care? Active and engaged parenting is a positive factor.
• Parent’s Mental and Physical Health: Does the parent have the mental and physical health to meet the child’s needs?
• History of Abuse or Neglect: Is there any history of abuse, neglect, or domestic violence? The court considers how these issues have impacted the child and whether there is a risk of future harm.
• Educational Needs: Are the child’s educational needs being met and does the parent support the child’s educational development?
• Potential for Future Harm: Is there a potential for future harm or risk to the child in the parent’s care? This includes any ongoing issues that might impact the child’s safety and well-being.

Grounds for Terminating Parental Rights in Texas 

In Texas, the role of the child’s best interests is central to decisions about terminating parental rights. The Texas Family Code outlines specific grounds for terminating parental rights, which include:

1. Abuse or Neglect: If a parent has physically, emotionally, or sexually abused, or severely neglected the child.
2. Endangerment: If a parent’s conduct or lifestyle endangers the child’s physical or emotional well-being.
3. Failure to Provide Support: If a parent with the means to do so, fails to provide necessary financial support for the child..
4. Parental Rights of a Non-Parent: If it’s in the best interest of the child to live with a non-parent seeking to adopt the child.
5. Criminal Behavior: If a parent’s criminal behavior–or their imprisonment due to that criminal behavior–affects their ability to care for the child.
6. Abandonment: If a parent has abandoned the child or left the child without adequate care for a significant period. Texas law includes specific criteria for what constitutes abandonment.
7. Failure to Comply with Court Orders: If a parent fails to comply with court orders regarding the child’s welfare.
8. Mental Illness or Incapacity: If a parent has a mental illness or incapacity that severely impairs their ability to care for the child.
9. Unfitness: If a parent displays moral, physical, or psychological unfitness to care for their child.

In addition to proving at least one of these grounds, the court must also determine that terminating parental rights is in the best interests of the child.

The Role of a Child’s Best Interests in Terminating Parental Rights 

When examining the criteria by which a child’s best interests are measured against the grounds for terminating parental rights, there is a clear correlation between many of the deciding factors..  

Safeguarding Opportunities

By and large, if a parent’s lifestyle, actions, or behaviors jeopardize a child’s physical or emotional well-being, their rights to that child can be rescinded. If you have additional questions about the termination of parental rights, wish to petition for termination, or feel that your rights are under threat, contact Carrington Smyth PLLC to speak with an experienced family lawyer today.