Termination of Parent Rights

Abilene Termination of Parental Rights Attorney

If you are considering the termination of parental rights in Texas, the family law attorneys at Blizzard and Zimmerman are here to guide you through this complex legal process. It is not a process to enter lightly.

Terminating parental rights severs the legal relationship between a parent and child permanently. Our experienced family law attorneys are well-versed in the intricacies of the parental termination process and are committed to providing the support and expertise needed to navigate this challenging decision.

What is a Termination of Parental Rights?

Terminating parental rights is a serious legal matter and is generally considered a last resort. It is a legal order that severs the legal relationship between a child and parent. Parents may seek to terminate the rights of the other parent in various situations, that can include:

Abandonment: If a parent has willfully abandoned their child and has shown no intent to return or provide support, the other parent may seek termination of parental rights. This often involves proving that the parent has had no contact with the child and has failed to provide financial or emotional support for a significant period.
Abuse or Neglect: If a parent is found to have abused or neglected the child, the other parent may petition for termination of parental rights. This can include physical, emotional, or sexual abuse, as well as failure to provide basic needs like food, shelter, and medical care.
Incarceration: If a parent is incarcerated for a significant period, especially if the crime is severe or related to harm against the child or the other parent, termination of parental rights may be pursued. The length of the incarceration and the nature of the crime are important factors.
Substance Abuse: Chronic substance abuse that impacts a parent’s ability to care for the child can be grounds for termination of parental rights. The petitioner would need to show that the substance abuse poses a risk to the child’s well-being.
Mental Illness: If a parent has a severe mental illness that renders them incapable of caring for the child and there is no reasonable expectation of improvement, the other parent may seek termination of parental rights.
Failure to Support: Consistent failure to provide financial support for the child, despite having the means to do so, can be a reason for termination. This is often linked with abandonment cases.
Adoption: If the other parent is willing to consent to adoption by a stepparent or another individual, parental rights may be terminated to facilitate the adoption process.
Sexual Offenses: If a parent is convicted of certain sexual offenses, particularly those involving minors, their parental rights can be terminated to protect the child.
Unfit Parent: Demonstrating that a parent is generally unfit due to a combination of factors such as criminal behavior, inability to provide a stable home, or a dangerous lifestyle can be grounds for termination.
Voluntary Relinquishment: In some cases, a parent may voluntarily relinquish their parental rights, often in the context of allowing the child to be adopted by another person who can provide a more stable and supportive environment.

It is important to note that termination of parental rights is a complex legal process that requires substantial evidence and is typically subject to rigorous scrutiny by the courts. The primary concern in these cases is the best interest of the child. Legal advice and representation are essential for anyone seeking to terminate another parent’s rights. The family law attorneys of Blizzard and Zimmerman Attorneys have successfully represented parents who have taken this legal action against the child’s other parent.

Under the Law

As stated above, it is the legal process that severs the legal relationship between a child and parent. Other rights which may be terminated include:

Parental Rights to Visitation
Custody
Possession and Access to Child’s Legal Records
Child Support Payments
Right of Decision-Making for Child’s Education
Right of Decision-Making for Child’s Religious Matters
Right to Receive Information About Child(ren)
Spousal Support or Maintenance (if the termination involves a parent’s new spouse)
Any other right that exists between parents and children, whether created by legislative enactment or court order.

What Is The Process?

In Texas, the process of terminating parental rights is governed by state law and involves several steps. The following is just a general overview of the legal process of terminating parental rights in Texas:

Filing a Petition: The first step in the process is for the party seeking to terminate parental rights to file a petition with the court. The petition should include the grounds for seeking termination, such as abandonment, neglect, abuse, or other factors that make the parent unfit to care for the child.
Service of Process: The petition must be served on the other parent or legal guardian, as well as any other parties with a legal interest in the child, such as grandparents or other relatives.
Appointment of an Attorney ad Litem: The court will appoint an attorney ad litem to represent the child’s interests and ensure that the child’s best interests are protected throughout the process.
Hearing: The court will hold a hearing to determine whether termination of parental rights is in the child’s best interests. At the hearing, evidence will be presented to support the grounds for termination, and the parent may present evidence to contest the allegations.
Final Order: If the court finds that termination of parental rights is in the child’s best interests, it will issue a final order terminating the parent-child relationship.

It is important to note that the termination of parental rights is definitely a serious legal matter with long-term consequences. This is a process that should not be undertaken lightly. We urge you to consult with an experienced family law attorney for guidance and representation throughout this process.

Evidence Must Be Clear and Convincing

Here in Texas, a lawsuit must be filed and the attorneys are charged with proving the requirements set out in the Texas Family Code (chapter 161).

Among the items the court may order the termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has:

Voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;
Voluntarily left the child alone or in the possession of another not the parent without expressing an intent to return, without providing for the adequate support of the child, and remained away for a period of at least three months;
Voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months;
Knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child;
Engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child;
Failed to support the child in accordance with the parent’s ability during a period of one year ending within six months of the date of the filing of the petition;
Abandoned the child without identifying the child or furnishing means of identification, and the child’s identity cannot be ascertained by the exercise of reasonable diligence;
Voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;
Contumaciously refused to submit to a reasonable and lawful order of a court under Subchapter D, Chapter 261;
Been the major cause of
- The failure of the child to be enrolled in school as required by the Education Code; or
- The child’s absence from the child’s home without the consent of the parents or guardian for a substantial length of time or without the intent to return;
Been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under several sections of the penal code.

The Best Interest of the Child is Paramount

If you are pursuing an involuntary termination of parental rights, you will have to work hard to prove one or more reasons set out in the Texas Family Code and that terminating the parental rights is in the best interests of the child.

If the other parent has voluntarily agreed to terminate his or her own rights then you still have to prove it is in the best interest of your child.

Blizzard & Zimmerman Attorneys provides top-shelf legal services to individuals looking to terminate parental rights in the Abilene area.

Our family law attorneys know their way around the Texas legal system. They are experienced and have the know-how to get things done quickly

Don’t delay. Start protecting yourself today by contacting an experienced family law attorney who can guide you through this process. We have the experience, and tenacity to help you achieve your goals, with personal attention.

Contact our Abilene law firm to discuss your case involving the termination of parental rights today.