Legal Process of Parental Rights Termination in Texas
In previous articles we’ve explored the difficult scenario in which a parent voluntarily gives up the rights tohis or her child. However, not all termination cases involve a benevolent parent doing what’s best for their son or daughter. In this article, we’ll explore what happens when a court takes away a person’s rights to their child in Texas, including the grounds for termination, how the process unfolds, strategies to defend against termination, and what happens after the case.
Why Would a Texas Court Terminate A Person’s Parental Rights?
In Texas, terminating parental rights is a serious and often complex legal process that involves the court assessing whether it’s in the best interest of the child to sever the legal relationship. Here are the main circumstances under which a court may consider terminating a parent’s rights:
- Abuse or Neglect: If a parent has physically, emotionally, or sexually abused, or severely neglected the child.
- Endangerment: If a parent’s conduct or lifestyle endangers the child’s physical or emotional well-being.
- Failure to Provide Support: If a parent with the means to do so, fails to provide necessary financial support for the child..
- 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.
- Criminal Behavior: If a parent’s criminal behavior–or their imprisonment due to that criminal behavior–affects their ability to care for the child.
- 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.
- Failure to Comply with Court Orders: If a parent fails to comply with court orders regarding the child’s welfare.
- Mental Illness or Incapacity: If a parent has a mental illness or incapacity that severely impairs their ability to care for the child.
- Unfitness: If a parent displays moral, physical, or psychological unfitness to care for their child.
Can A Parent’s Rights Be Terminated if They’re Still Married in Texas?
In Texas, the termination of parental rights is based on the individual parent’s actions or behaviors rather than their marital status, so they can lose their rights even if they are still married.
If one parent’s rights are terminated, it does not automatically impact the custody or rights of the other parent. The child may still have a relationship with the remaining parent, who retains their rights and responsibilities unless there is a separate legal action or a relevant issue that also needs to be addressed.
Termination of parental rights is considered a last resort and is pursued only when there is clear and convincing evidence that it is necessary for the child’s well-being. The process typically involves a thorough investigation and legal proceedings where both the state and the parent have opportunities to present their cases. Next, we’ll take a look at how that process usually plays out.
What Can You Expect During the Legal Process of Parental Rights Termination In Texas?
The process of terminating parental rights in Texas involves the following common steps.
Step 1. Initiation of Proceedings
The process begins when a person or entity files a petition for termination of parental rights.
Step 2. Establishing Legal Grounds for Termination
The petition must specify the legal grounds for termination. The petitioner must provide clear and compelling evidence to support these grounds.
Step 3. Court Hearings
For a contested case, the Court hearings usually involve a preliminary and adjudicatory hearing. Preliminary hearings address immediate issues and set timelines for further proceedings. The court may issue temporary orders regarding the child’s custody or care during this period. The court then conducts an adjudicatory hearing to determine whether the grounds for termination have been met. This involves presenting evidence and testimony from both sides. When the case is uncontested, the Court may skip temporary orders and proceed straight to reviewing and signing the final order.
Step 4. Determining the Child’s Best Interests
Even if grounds for termination are established, the court must determine whether severing the parent’s rights is in the best interests of the child. This involves a comprehensive evaluation of factors such as the child’s safety, emotional needs, stability, and overall well-being.
Step 5. Court Decision
If the court finds that there is sufficient evidence to terminate, and termination is in the child’s best interests, it will issue an order terminating parental rights.
Step 6. Post-Termination Appeals and Placement
Following the court decision, the parent whose rights have been terminated has the right to appeal the court’s decision. The appeal process allows for a review of the case by a higher court. If no appeal is made or the appeal is overruled, the child may be placed for adoption or into a permanent care arrangement.
Step 7. Final Orders and Documentation
The final step in the proceedings involves the court issuing a binding order of termination, which officially severs the legal relationship between the parent and the child. This order is documented and entered into the court record.
Strategies for Defending Your Parental Rights in Texas
If you’re facing the possibility of losing the rights to your child, you have several strategies to defend those rights. The objective is to counter the claims against you and demonstrate that maintaining your parental rights is in the best interest of your child. Following are several key strategies for defending parental rights in Texas.
Work with an Family Lawyer
Work with an experienced Texas family firm that can help you develop a strong defense strategy. Your attorney can guide you through the legal process, help gather evidence, and represent you in court.
Challenge the Grounds for Termination
Contest the specific grounds for termination. If the petition is based on abuse, neglect, or other serious allegations, present evidence and testimony to refute these claims. Effectively challenging the claims will require evidence that counters the petitioner’s claims. This might include witness testimony, documents, or expert opinions that disprove or mitigate the alleged issues.
Demonstrate Compliance with Court Orders or Improvement
If the termination petition is based on issues like neglect or failure to comply with a case plan, demonstrate compliance with all court orders and show evidence of improvement. This can include completing counseling, parenting classes, or other requirements. Providing documentation that shows progress and positive changes, such as certificates of completion for programs, positive evaluations from social workers, or letters of support from professionals can support your case.
Prove Your Ability to Provide a Stable Environment
Prove that you can provide a stable and supportive environment for your child. This can include evidence of a stable home, reliable employment, and a positive support network.
Present a Positive Parental Role
Provide evidence of your good parenting skills and a positive relationship with your child. This can include testimonies from teachers, doctors, or other professionals who have observed your relationship with your child.
Challenge Procedural Issues, Errors or Violations
Check for any procedural errors or violations of your rights during the termination process, including: improper notification, inadequate legal representation, or violations of due process.
Present Your Child’s Preferences
If your child is old enough and mature enough to express their preference to have your rights maintained, present their wishes to the court. A child’s preference will sometimes be considered in the court’s decision.
Seek Mediation
Mediation can sometimes offer a way to reach an agreement that is in the child’s best interest without proceeding through a full termination trial.
Defending your rights can be as confusing as it is challenging. Contact Carrington Smyth PLLC today if your parental rights are being threatened
What Happens if a Parent Doesn’t Abide by a Court’s Decision To Terminate Their Parental Rights?
A termination of parental rights order is legally binding. That means the parent permanently loses all legal rights and responsibilities regarding the child. The parent also typically has no further legal authority to see or contact the child, unless otherwise specified in the order.
Failure to comply in any way with the court’s decision will be met with involvement by law enforcement or child protective services. Interfering with the child’s new life can also result in the parent being found in contempt of court, which carries various punishments, including but not limited to imprisonment and fines.
Concluding With a Recommended First Step
With any case involving children, Texas courts will always try to act in the best interest of the child and typically strives to maintain relationships between children and their parents. Termination is most often a last-resort measure due to its lasting emotional and social impacts. In this article we’ve explored the reasons a court may come to the decision to terminate parental rights, how the legal process unfolds, how a parent can defend their rights, and the aftermath of proceedings. Due to the high stakes involved and the finality of the ruling, it’s highly recommended to speak with an experienced family lawyer to discuss your specific circumstances and understand your rights.