A Complete Guide To Terminating Parental Rights

Whether you’re looking to assume legal responsibility for a child, defend your rights as a parent, or relinquish responsibility in the best interests of your child, terminating parental rights in Texas comes with its share of questions, legal requirements, and confusion. Read on to discover the difference between voluntary and involuntary termination, the grounds for termination, who can file, and the legal avenues available to pursue termination.

Reasons for Terminating Parental Rights

There are various reasons to file for termination of parental rights. Men or women who are currently acting in a guardian-like capacity, but don’t have legal responsibility for a child may want to claim parental rights. Birth parents who are unavailable to adequately care for a child may choose to surrender their paternal rights in the best interests of the child. A court or other state entity may deem it necessary to strip the rights of parents who are placing a child in a dangerous or otherwise unfit environment. Regardless of the reason, terminating parental rights can be broken down into two primary categories: voluntary and involuntary.

Voluntary Termination of Parental Rights in Texas

In a case of voluntary termination of parental rights, the parent giving up rights must complete the required paperwork or ask the judge to terminate their rights. The following is the bestmethod to voluntarily relinquish parental rights in Texas:

Affidavit of Voluntary Relinquishment – The parent agrees that a court should terminate their rights

The Affidavit of Voluntary Relinquishmentis not legally binding in isolation. A judge must sign a court order to officially terminate parental rights in the state of Texas. Judges will generally approve an “Order of Termination” if they agree that it’s in the child’s best interests.

Involuntary Termination of Parental Rights in Texas:

In a case of involuntary termination of parental rights, a judge removes a parent’s rights without his or her agreement. Common reasons for involuntary termination of parental rights include:

The parent endangered or is endangering the child
The parent abandoned or failed to support the child and showed no intent to reverse either action
The parent is engaged in criminal conduct
The parent abused or neglected another child
The parent did not send the child to school
The parent kept the child away from home
The parent is incarcerated and can’t care for the child for two years or longer
The parent was convicted of murdering, attempting to murder, or soliciting someone to murder the other parent
The parent was convicted of sexual assault of the other parent
The parent has been clinically diagnosed with developmental disabilities or mental illness
The parent is deemed otherwise unfit

For a complete list of grounds for involuntary termination of parental rights in Texas, see Texas Family Code 161.001 (b)(1)(L) and 161.001(b)(1)(T).

Who Can File for Termination of Parental Rights in Texas?

The following is a breakdown of people and entities who can file for termination of parental rights in the state of Texas.

Parents:

Either parent of the child can file for termination of parental rights.

Non Parents:

If you aren’t a parent of the child, you can file for termination of parental rights in if you are:

The child’s grandparent, great-grandparent, brother, sister, aunt, uncle, niece, or nephew and:
- Both parents are dead
- Both parents, the surviving parent, or managing conservator agree
- The child’s current circumstances place them at risk of significant physical or emotional harm
A person claiming to be the child’s father
The child’s guardian or the guardian of their estate
A prospective adoptive parent who has been given standing under a statement to confer standing
A person with court-ordered access or visitation to the child or children
A person designated as the managing conservator of the child in an affidavit of relinquishment or has been given written consent to adopt the child
The child in question, filing the case through an authorized representative (such as a guardian ad litem or attorney ad litem)
A foster parent placed in the home by protective services for at least 12 months. Additional stipulations apply if you fall under this category. Contact a Carrington Smyth family lawyer for additional information.
A person who is not a foster parent and has cared for and had possession of the child for at least six months. Additional stipulations apply if you fall under this category. Contact a Carrington Smyth family lawyer for additional information.
A person who has lived with the child and the child’s parent, guardian, or conservator for at least six months and the child’s parent, guardian, or conservator has died. Additional stipulations apply if you fall under this category. Contact a Carrington Smyth family lawyer for additional information.

Agencies and Entities:

The following agencies and entities can also file for termination of parental rights:

A licensed child-placing agency
A government entity
The Department of Family and Protective Services

How to Terminate Parental Rights in Texas

Your first step in terminating parental rights is to speak with an experienced family lawyer. Parental rights cases can be extremely complicated, requiring a knowledgeable lawyer to guide you through the process and explain your rights and options.

It’s especially important to speak with a family lawyer if any of the following apply to your situation:

You are afraid for your safety or the safety of your child (or children)
Your case is contested (vs uncontested)
The respondent has a lawyer
You need child support

If you’re looking to assume legal responsibility of a child, and the birth parent whose rights would need to be terminated is safely approachable, a best-case scenario would be to obtain that parent’s consent directly. If not, you would need to file for termination and a judge would decide the case based on the Texas state provisions for terminating parental rights and the best interests of the child.

Outcomes of a Parental Rights Termination Case

Once signed into effect by a judge, the termination of parental rights severs the parent-child relationship and strips the affected parent or guardian of all rights to the child. Additional outcomes can include:

Naming a managing conservator or joint-managing conservators
Naming a possessory conservator
Ordering the payment of child support
Terminating a child’s right to inherit from their parent
Changing a child’s name

Can Mediation be Used for Terminating Parental Rights in Texas?

Yes. Mediation can be an effective means to bring both parties to a consensus on the terms of the termination of parental rights. If you and the other party are struggling to reach an agreement on terms, read this article to discover how mediation works and why it can be a good solution for all involved.

Important Resources

If you’re concerned for the safety of your child, please contact one of the following resources immediately:

National Domestic Violence 24-Hour Hotline, 800-799-SAFE (7233)
Crime Victims, 888-343-4414
Legal Aid for Survivors of Sexual Assault, 844-303-7233.

Contact Carrington Smyth PLLC today for additional information or professional guidance on terminating parental rights in Texas.