Grounds for Termination of Parental Rights in Texas

 Posted on April 18,2023 in Adoption

Texas law values parental rights very highly, so parental rights can only be terminated under very specific situations. The state recognizes that there are certain circumstances where it is necessary to terminate parental rights for the well-being of the child.

Grounds for termination of parental rights in Texas are severe and can only be done with the approval of the court. Typically, such measures are taken during adoption cases.

A Frisco adoption lawyer can help you navigate the legal process of terminating parental rights in Texas.

Abandonment

Perhaps the most straightforward ground for termination of parental rights is abandonment of the child. Typically, the parent must have left the child alone without any communication or support for at least six months, before termination can be approved.

Termination of parental rights may also be appropriate in situations where the parent has gone missing or is incarcerated for a significant amount of time. You must show the courts that the parent has either failed to provide support for the child, or completely left the home with no intent to return.

Child Neglect or Abuse 

Neglect is another common ground for the termination of parental rights in Texas. Neglect can refer to a parent's failure to provide basic needs such as food, shelter, medical care, or education for their child.

The court can also terminate parental rights if the parent has engaged in any conduct that endangers the physical or emotional well-being of the child. For example, if the parent is exposing the child to situations involving violence or drugs, or putting their safety at risk.

If a parent has a history of neglect, the courts can also decide to terminate parental rights to protect the child's welfare. Parental rights are also terminated if child abuse has been present in the home. The state may also take action against the abuser/s and any involved parties.

Failure to Provide Support (Financial and/or Emotional)

Failure to provide financial and/ or emotional support for the child is also grounds for termination of parental rights. Typically, if a parent fails to provide support for a period of at least one year, the courts can terminate their parental rights.

This ground is often used in cases where the parent has abandoned the child or is otherwise unwilling to provide support for them. 

Voluntary Relinquishment

Additionally, the court can also terminate parental rights in cases where the parent has voluntarily relinquished their parental rights. Some parents give up their parental rights because they know that they cannot provide the care and support the child needs. They may be dealing with addiction, severe mental health concerns, or other personal problems that make them unable to care for a child. Typically, the court only allows a parent to give up their parental rights if there is another party willing to step up and adopt the child. 

Contact a Frisco Adoption Lawyer Today

Our skilled Collin County family law attorney can help you understand your legal rights and options. If you are interested in adopting a child or have other legal needs involving parental rights, contact our experienced team to get the help you need. Call The Law Office of Linda Risinger at 972-294-6533 for a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm