In Texas, a parent’s rights can be terminated for reasons that are stated in the Texas Family Code. As with all child custody and visitation laws, the goal of the law is to serve the best interests of the child. A Texas lawyer would be able to explain parental rights and the best interest of the child.
There is no specific time for which a parent must be absent to lose their parental rights. Of course, the longer a parent is absent, the more likely they are to lose their rights.
The primary justifications for terminating a parent’s rights are as follows:
- Abandonment: A parent may lose their parental rights if they have abandoned their child. “Abandonment” is defined as leaving the child in the care of another individual without providing adequate support and maintaining regular contact. Abandonment can be shown in court by evidence of a lack of communication, lack of visits with the child by the parent, and failure to provide financial support.
- Endangerment of the Child: Endangerment is any conduct on the part of the parent that puts the child’s physical or emotional well-being at risk. Abuse, domestic violence, substance abuse, or exposing a child to danger would all qualify as endangerment. A parent who consistently engages in reckless behavior that harms a child may also find that their rights can be terminated.
- Failure to Support the Child: It is a grounds for termination of parental rights if a parent does not support their child financially. This includes not paying court-ordered child support or making no effort to contribute financially to the child’s upbringing. A parent’s ability to pay relative to their effort to meet their obligation to provide financial support to their child would be considered by a court.
- Abandonment of the Mother During Pregnancy: If a father is absent from the life of their child’s mother during her pregnancy, this may justify termination of the father’s parental rights.
- Criminal Activity: If a parent is convicted of certain crimes, especially serious crimes that involve domestic violence, sexual offenses, or violent crimes, this can be a factor that supports terminating parental rights.
- Voluntary Relinquishment: A parent can voluntarily relinquish their rights. This must be done as part of a legal procedure in which the parent basically consents to a termination of their rights.
- Failure to Have Contact: If a parent has not had regular contact with their child and has not demonstrated any intent to resume regular contact, their rights may be terminated.
- Termination Serves Child’s Best Interests: In some cases, the court may order the termination of parental rights if they determine that it would serve the best interests of the child. This might happen in situations in which the parent’s conduct, living circumstances or lifestyle are detrimental to the child’s well-being.
According to Texas law, terminating parental rights does not stop an existing child support obligation. An existing child support obligation would only be terminated if another individual, such as a stepparent, adopts the child and takes on the obligation to support the child.
Either parent can file a petition to terminate the other’s parental rights. In addition, a number of people and entities who are not a child’s biological parent may file a petition to terminate a parent’s right if they qualify per Texas law. For example, a foster parent can terminate a biological parent’s rights under certain circumstances.
A person who is interested in terminating a biological parent’s rights would want to have a legal consultation in Texas about the issue.
What Parental Rights Do Absent Parents Have In Texas?
A biological parent has the right to have both legal and physical custody of their child if a court determines that that would be in the child’s best interest. Non-custodial parent rights are the same as those of a custodial parent, unless, of course, a court has issued an order stating something different.
However, if legal and/or physical custody are contested by two parents, e.g., in a divorce, the parent who has maintained contact and support of their child may win custody, while a parent who has not maintained contact and support may win visitation only at best.
Legal custody is the right to participate in making decisions about how a child is raised, e.g., their medical treatment, whether they are vaccinated, what school the child attends and whether the child has a religious affiliation. Physical custody is where a child lives. In Texas, parents who have never been married or are separated or divorced can have joint custody, both physical and legal.
A parent still has their parental rights even if they are absent from a child’s life, until a court orders otherwise. The other biological parent also has the right to file a petition to terminate an absent parent’s rights if they believe the grounds for termination are present.
Certain other people and entities are also authorized by Texas law to petition to terminate the rights of a parent who has abandoned a child.
What Parental Duties Must a Biological Parent Uphold?
If a parent wants to ensure that they keep their parental rights with respect to their child or children, they want to engage in a relationship with the other parent and the child in a positive manner. If they have been ordered to pay child support, they want to pay it on time and in full. If they have not been ordered to pay child support, they should still be sure to contribute financially to the child’s support.
They need to spend time regularly with the child. If the other biological parent stands in the way of a parent’s spending time with their child, they need to go to court to assert their right to visitation, at least if not joint or sole physical custody.
They want to refrain from engaging in negative conduct, such as criminal activity, substance abuse, and domestic violence. They want to parent their child in a positive manner and maintain a positive, healthy environment in the home in which the child lives or visits with them.
They should work to get along with the other biological parent of the child and engage collaboratively with them on parenting the child.
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How Can an Absent Parent’s Legal Rights Be Terminated in Texas?
Only a Texas court can terminate parental rights in Texas. Even if a parent has voluntarily signed a relinquishment or waiver of their rights, only a court order terminates their parental rights.
A parent can sign an affidavit of voluntary relinquishment or waiver of interest if they agree to termination of their rights. However, a parent’s rights are not terminated until the affidavit or waiver is filed in court with a petition for termination and a judge orders termination of the parent’s rights.
A petition to terminate a biological parent’s rights may be filed in a Texas court both before or after a child is born. There are different statutes of limitations depending on who files a petition for termination of right as:
- A termination petition seeking termination because the other parent failed to support their child for a year must be filed no later than 6 months after the parent begins to support the child, if they do that.
- A father must file a petition based on mistaken paternity no more than 2 years after he finds out or has reason to believe he is not the child’s biological father.
- A foster parent who has had physical custody of a child for at least 12 months must file a termination petition no more than 90 days after their custody comes to an end.
Other types of termination cases are also possible, and they may have different statutes of limitations.
How Much Does It Cost To Terminate Parental Rights in Texas?
Courts charge a fee for filing a petition to terminate parental rights in Texas. There are other costs as well.
If a parent petitions to terminate their parental rights voluntarily and they have an attorney represent them the cost is estimated to range from $300 to $2,000 or more, depending on the case.
If one parent petitions to terminate the rights of the other and the other parent contests the termination of their rights, the cost, including attorney’s fees, might be quite a bit more, as much as $10,000. It is impossible to say how much it would cost, because it depends on the case and how it proceeds.
Do I Need a Texas Attorney To Help With Termination of Parental Rights?
If you want to terminate your own parental rights or those of the other biological parent, you want to consult a Texas child custody lawyer.
LegalMatch.com can connect you to a lawyer who can guide you through the petition process and ensure that you have the proof of grounds for termination if that is your goal. If you want to avoid termination, your lawyer can mount your best case against termination and possibly assert your rights to custody or visitation.
