Termination of Parental Rights and a Hesitant Government

There is no denying that certain people simply aren’t suited to be parents. In some instances, this is a temporary situation due to drug abuse or immaturity. In other situations, an individual may just not be up to the task or may have caused harm to the child. Even with this being the case, establishing the legal grounds for involuntary termination of parental rights in Texas can still be an uphill battle.

The government is always hesitant to terminate any parent’s rights. Parental rights are precious and should not be removed without good cause. When the parental rights are terminated, the child loses the support of one parent — and there’s a concern that this means the state will have to provide some level of support. Even when an individual wants to willfully relinquish their parental rights, the state may still refuse to grant their request. Just because a father has not provided support, has not been involved in the child’s life, and signs an affidavit saying he wants his rights terminated may still not be enough if the Court finds that termination is not what is best for the child.

Put simply, involuntary termination of parental rights is difficult in Texas, but there are legal grounds for justifying such a decision.

Legal Grounds for Involuntary Termination of Parental Rights

The Texas Family Code is incredibly complex. If you review the statutes contained in the code, there are often multiple sections focused on a single issue (e.g., abuse, drug use) that could constitute grounds for involuntary termination of parental rights.

The following list condenses this information. Therefore, the actual relevant law is much more complex. This means it’s still advisable to speak with an attorney to learn if grounds exist for filing a petition with Texas courts.

The grounds for such a request include:

  • Abandonment: Texas statutes delve extensively into what constitutes abandonment under the law. Typically, this includes leaving the child with no intent to return, failing to provide adequate support, or not maintaining regular contact
  • Endangerment: If a parent engages in conduct that endangers a child’s physical or mental well-being — or leaves them with someone who engages in such behavior — they may lose rights over their youngster. Drug abuse falls into this category
  • Imprisonment: A felony conviction that results in imprisonment and an inability to care for a child for at least two years can serve as grounds for filing an involuntary termination of parental rights in Texas
  • Mental or emotional illness: It would be unconstitutional to restrict parental rights just because someone has mental health issues. However, a parent’s rights can be terminated if their condition precludes them from caring for their child’s needs
  • Drug or alcohol abuse: Endangering a child by abusing drugs is not the only substance-related way to lose parental rights. A history of such abuse that prevents a person from caring for their child could suffice as grounds for termination
  • Failure to comply with court orders: One common justification for the termination of parental rights is failure to comply with court orders. For instance, a parent may lose their rights if they refuse to attend a court-ordered substance abuse program

All of these situations constitute legal grounds for involuntary termination of parental rights in Texas. However, the mere existence of one of these issues doesn’t guarantee that a petition will be granted. Every family law case has its own unique circumstances, and it would be negligent for legislators to create a “one-size-fits-all” solution to every situation. When the child protective service agency is involved, their first priority is to provide education and services in an attempt to preserve the family, and only if those efforts fail will they seek termination.

Grandparents are often shocked to learn that merely because they are blood relatives, that does not give them the power to seek termination of parental rights without proof that they previously had a long period of exclusive possession of the child. It takes more than a family relationship to permit them to bring a lawsuit.

The starting point is a legal presumption that all parents are fit parents until proven otherwise. Proving that grounds exist for involuntary termination of rights is the first step, but the courts will still place more weight on the best interests of the child.

The Best Interest of the Child Standard

Even when statutory grounds exist for terminating a parent’s rights against their will, it’s still necessary to show that such a decision is best for the child. Texas courts will consider a variety of factors to determine whether taking away a person’s rights to their child is in the youngster’s best interest:

  • The current and future physical and emotional needs of the child
  • Any current or potential future emotional and physical danger to the child
  • The parental abilities of the individual seeking involuntary termination
  • The plans the petitioning parent has for their child if termination is granted
  • The stability of the parent’s home or proposed placement
  • The actions or omissions of the parent whose rights are being targeted that indicate they should lose their rights
  • Any explanations for such acts or omissions committed by the parent whose rights are being targeted

It’s important to remember that there are no guarantees in family law. Even if you wholeheartedly believe the evidence supports your case, Texas courts may still rule against you. Often the evidence you want the judge to hear is ruled inadmissible. That’s why speaking to legal counsel is typically the best place to start. They can help you understand your options along with the legal process that’s ahead of you.

The Legal Process of Terminating Parental Rights Involuntarily

If a parent has grounds for the request and believes it’s in the best interest of their child, they can file a petition to involuntarily terminate the rights of the other parent in Texas, or a person caring for the child after an extended period of time may seek to terminate both parents’ rights. However, you should never expect this process to be simple. The state typically only grants such a request in extreme circumstances — as these decisions are typically permanent.

Here’s what the legal process looks like:

  • File a petition: A petition must first be filed in the appropriate court. This petition must clearly state the grounds for termination and why it’s in the best interest of the child
  • Serve notice: The petitioning parent must ensure that the other parent is served with legal notice of their petition. This gives the other parent a chance to respond
  • Court proceedings: The court will hold a hearing where both parents are allowed to offer testimony and present evidence. The burden of proof is on the parent requesting termination, and they must provide clear and convincing evidence
  • Guardian ad Litem: Texas courts may (and usually will) opt to appoint a guardian ad litem or attorney ad litem who will represent the interests of the child throughout the legal proceedings
  • If the child protective service agency is involved, they will be represented by the district attorney, each parent may have an individual attorney, the child will have an attorney, and the court may also appoint a child advocate (CASA). There may be many people involved at each hearing.
  • Judicial decision: After reviewing the evidence in relation to statutory grounds and the best interest of the child, a judge will make a decision regarding involuntary termination of the parent’s rights

Clearly, this can be a drawn-out process — particularly if the other parent fights back. If you’ve found yourself in such a situation, it’s critical to seek out legal assistance. An experienced family law attorney can help you understand your chances of success and the best way to navigate the process. It’s a difficult road ahead, and having an advocate on your side is invaluable.

At Laura D. Heard Law Firm Inc., our dedicated team of legal professionals is here to help. Contact us at 210-775-0353 to schedule your confidential consultation today.