Parental rights termination, while sometimes necessary, is not as simple as wanting the other parent out of your child’s life. While that may sound ideal, the truth is that parental rights termination is a serious matter.
So much so that it is often referred to as the “death penalty” of parenting.
Moreover, terminating a parent’s rights is not always necessarily beneficial to yourself or your children. However, it can be done.
Let’s first talk briefly about the concept of parental rights termination. Then we’ll discuss what is needed for it to actually happen.
Termination isn’t the Court’s First Choice
Parents of children have certain rights and responsibilities for their children. Among these, include providing comfortable shelter, proper clothing, attention, food, and access to healthcare. Though not easily taken away, rights can be terminated for serious violations of the law.
Truthfully, it’s not terribly common for parental rights to be terminated.
For this to happen, there generally needs to be extreme neglect or even abuse from a parent to bring about this type of suit. A parent is not going to lose their rights just because one parent says the other is a bad parent.
Rather, these cases are usually first referred by child protective services because children have already been taken away at this point due to abuse or neglect.
Above all, the courts want to keep the parental relationship in tact with their children when feasible.
When it cannot be, then a case can be made. But in order for the case to be made, it must be proved that there is parental neglect.
Proof for Parental Neglect
When rights are terminated for a parent, they no longer have authority to make any decisions for their child. Their parenting time is also removed.
Prior to this, usually what will happen first is a modification to child custody. This is because the court would rather grant some parenting time to the parent in question where possible, even if it is with a third party supervising.
For parental rights to be terminated, there needs to be concrete evidence that abandonment, neglect, abuse or failure to care for a child has taken place. In most cases, this means proving to a court that the other parent is in fact a danger to a child.
This is known as involuntary termination of parental rights.
Common Reasons for Involuntary Termination of Parental Rights
In Texas, the most common reasons that parental rights are terminated involuntarily include:
- A parent abandoned the child
- Or did not support the child
- The parent endangered the child
- The parent has engaged in criminal conduct
- Or the parent is unfit
Being convicted of felonies or committing violence against the child or even a family member are also ways that a parent could lose their rights. In the event a parent is imprisoned and the child has to go into foster care as a result, this is another way that rights may be taken away.
What Giving Up Parental Rights Means
If you are trying to terminate parental rights of an ex, it’s important to understand what is being given up.
The biggest aspect is financial.
Meaning that the other parent will no longer have any financial responsibility toward the child. While it may be better to have your ex completely out of the picture, any monetary support will also go with it.
Voluntary Termination of Parental Rights
In some cases, a parent will voluntarily give up their rights to avoid paying child support or involvement. However, for this to happen an adoption of the child will likely need to take place. Often a stepparent or grandparent may try to adopt in this case.
For an adoption to take place there still needs to be evidence that the parent has either abandoned the child or has not supported the child financially.
If a parent decides that they are voluntarily giving up their rights as a child, a judge will need sign a court order to complete the termination.
Have Additional Questions About Terminating Parental Rights in Texas?
Termination of parental rights cases can be quite complex. If you have additional questions about terminating a parent’s rights, we highly encourage you to speak with with our family law attorneys to better help your situation.
In all termination cases, the judge is going to rule on what is in the best interests of the child. However, it’s important to know what your options and rights are in any case.
We have worked on a number of similar cases in Texas and can help you as well. If this is your situation, please contact us.
