How to Terminate Parental Rights in Texas
Initiate a case to terminate the parent's rights., Identify the parent's conduct that warrants termination., Establish that termination is in the best interest of the child., Sign your paperwork., File your documents., Serve the other parent...
Step-by-Step Guide
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Step 1: Initiate a case to terminate the parent's rights.
If you wish to have the parental rights of a parent involuntarily terminated, either because the parent is absent or a danger to the child, you can file a case to terminate the parent's rights.
To initiate a case, do one of the following:
Contact the Texas Department of Child Protective Services.
Explain your family's situation to a representative.
The department may investigate and file a case to terminate the parent's rights.
You can learn more about the department here.
Contact a family law attorney.
You can get referrals from friends and family, or from attorneys who do not practice family law but know a trusted colleague who does.
You can also use referral services through your state and local bar associations, or just search online.
If you cannot afford to hire an attorney, other options are available.
Your community may have legal aid organizations that provide free or low-cost legal services to the community.
You can find these organizations by searching online or contacting the court.
Contact the clerk of the court of the county in which the child resides.
Ask what forms you need to submit to initiate a case to involuntarily terminate a parent's parental rights.
The forms may differ from county to county. -
Step 2: Identify the parent's conduct that warrants termination.
The Texas Family Code describes specific types of conduct that warrant the termination of parental rights.
Thus, a parents rights may be terminated if he or she:
Left the child alone or with a non-parent and expressed intent not to return; Left the child alone or with a non-parent without providing support and stayed away for at least 3 months; Left the child alone or with someone else without support for 6 months; Endangered the physical or emotional well-being of the child on purpose or through neglect (including criminal involvement, drug use, and domestic violence); Abused or neglected another child; Failed to support the child according to the parent's ability for at least a one year period ending within 6 months of the date of the filing of the case; Knew of the pregnancy and failed to provide medical support for the mother and support for the child; Kept the child out of school or away from home; Killed or seriously injured another child; Had his or her parent-child relationship with another child involuntarily terminated by the court; Is imprisoned and unable to care for the child for at least two years; Caused the child to be born addicted to alcohol or a non-prescription controlled substance; orCommitted child sexual abuse, sexual assault, or incest which resulted in the victim becoming pregnant with the parent's child., The court will only terminate a parent's rights if doing so would be in the best interest of the child.
Be prepared to state, in the paperwork you file and in court, why it is in the child's best interests to terminate the rights of the parent.
Texas courts consider the following factors when evaluating the best interests of the child, including:
The desires of the child; Present and future emotional and physical needs of the child; Present and future emotional or physical danger to the child; Your parental abilities; Your plans for the child; Any programs that are available to help you care for the child; Your home's stability; Any actions or omissions by the other parent that indicate that the existing parent-child relationship is improper; Any excuses for actions or omissions by the other parent; orThe parent has a mental illness that affects his or her ability to care for the child., Once your forms have been completed, you will need to sign them.
If any of the forms have a place for a notary public to sign and stamp them, sign those forms in the presence of a notary.
Make two copies of the completed documents.
To find a notary online, visit the Notary Public Directory.
You can also find a notary public by visiting your local bank.
Most banks do not charge a fee for notary services if you are a bank customer.
If you are not a bank customer, you can use the bank's notary service for a small fee.
Bring a valid form of identification, such as a driver's license or passport, to verify your identity. , Give the original set of documents to the court clerk.
The clerk will notify you of your hearing date.
The clerk will also charge a filing fee, which varies by county. (For example, the fee to file a petition affecting the parent/child relationship in Dallas in 2015 is $318.) If you are low-income and cannot afford to pay the filing fee, you ask the clerk how you can file a request for a fee waiver.
You may qualify for a waiver if you are receiving public benefits, if your household income falls below a specified threshold, or if the court finds that you do not have enough money to pay for both your household's basic needs and the court fees., Each parent must receive formal notice of the proceedings.
You may be required to give notice to the other parent, or you may be permitted to file a "Waiver" or "Acceptance of Service" signed by the other party instead.
If you are required to give notice, you may be able to request that the court clerk give notice on your behalf.
Otherwise, you will need to do one of the following:
Pay the sheriff's office or a professional process server to serve the parent; or Arrange for a friend or relative over 18 years of age and not involved in the case to hand-deliver your documents to the other party.
This friend or relative will need to fill out a Proof of Service form verifying that he or she served the other party., Dress professionally, arrive early, and wait for your case to be called.
The judge will ask why you are requesting that the parent's rights be terminated, and why doing so would be in the best interests of the child.
The court may appoint an investigator to gather additional information. -
Step 3: Establish that termination is in the best interest of the child.
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Step 4: Sign your paperwork.
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Step 5: File your documents.
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Step 6: Serve the other parent.
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Step 7: Attend the hearing.
Detailed Guide
If you wish to have the parental rights of a parent involuntarily terminated, either because the parent is absent or a danger to the child, you can file a case to terminate the parent's rights.
To initiate a case, do one of the following:
Contact the Texas Department of Child Protective Services.
Explain your family's situation to a representative.
The department may investigate and file a case to terminate the parent's rights.
You can learn more about the department here.
Contact a family law attorney.
You can get referrals from friends and family, or from attorneys who do not practice family law but know a trusted colleague who does.
You can also use referral services through your state and local bar associations, or just search online.
If you cannot afford to hire an attorney, other options are available.
Your community may have legal aid organizations that provide free or low-cost legal services to the community.
You can find these organizations by searching online or contacting the court.
Contact the clerk of the court of the county in which the child resides.
Ask what forms you need to submit to initiate a case to involuntarily terminate a parent's parental rights.
The forms may differ from county to county.
The Texas Family Code describes specific types of conduct that warrant the termination of parental rights.
Thus, a parents rights may be terminated if he or she:
Left the child alone or with a non-parent and expressed intent not to return; Left the child alone or with a non-parent without providing support and stayed away for at least 3 months; Left the child alone or with someone else without support for 6 months; Endangered the physical or emotional well-being of the child on purpose or through neglect (including criminal involvement, drug use, and domestic violence); Abused or neglected another child; Failed to support the child according to the parent's ability for at least a one year period ending within 6 months of the date of the filing of the case; Knew of the pregnancy and failed to provide medical support for the mother and support for the child; Kept the child out of school or away from home; Killed or seriously injured another child; Had his or her parent-child relationship with another child involuntarily terminated by the court; Is imprisoned and unable to care for the child for at least two years; Caused the child to be born addicted to alcohol or a non-prescription controlled substance; orCommitted child sexual abuse, sexual assault, or incest which resulted in the victim becoming pregnant with the parent's child., The court will only terminate a parent's rights if doing so would be in the best interest of the child.
Be prepared to state, in the paperwork you file and in court, why it is in the child's best interests to terminate the rights of the parent.
Texas courts consider the following factors when evaluating the best interests of the child, including:
The desires of the child; Present and future emotional and physical needs of the child; Present and future emotional or physical danger to the child; Your parental abilities; Your plans for the child; Any programs that are available to help you care for the child; Your home's stability; Any actions or omissions by the other parent that indicate that the existing parent-child relationship is improper; Any excuses for actions or omissions by the other parent; orThe parent has a mental illness that affects his or her ability to care for the child., Once your forms have been completed, you will need to sign them.
If any of the forms have a place for a notary public to sign and stamp them, sign those forms in the presence of a notary.
Make two copies of the completed documents.
To find a notary online, visit the Notary Public Directory.
You can also find a notary public by visiting your local bank.
Most banks do not charge a fee for notary services if you are a bank customer.
If you are not a bank customer, you can use the bank's notary service for a small fee.
Bring a valid form of identification, such as a driver's license or passport, to verify your identity. , Give the original set of documents to the court clerk.
The clerk will notify you of your hearing date.
The clerk will also charge a filing fee, which varies by county. (For example, the fee to file a petition affecting the parent/child relationship in Dallas in 2015 is $318.) If you are low-income and cannot afford to pay the filing fee, you ask the clerk how you can file a request for a fee waiver.
You may qualify for a waiver if you are receiving public benefits, if your household income falls below a specified threshold, or if the court finds that you do not have enough money to pay for both your household's basic needs and the court fees., Each parent must receive formal notice of the proceedings.
You may be required to give notice to the other parent, or you may be permitted to file a "Waiver" or "Acceptance of Service" signed by the other party instead.
If you are required to give notice, you may be able to request that the court clerk give notice on your behalf.
Otherwise, you will need to do one of the following:
Pay the sheriff's office or a professional process server to serve the parent; or Arrange for a friend or relative over 18 years of age and not involved in the case to hand-deliver your documents to the other party.
This friend or relative will need to fill out a Proof of Service form verifying that he or she served the other party., Dress professionally, arrive early, and wait for your case to be called.
The judge will ask why you are requesting that the parent's rights be terminated, and why doing so would be in the best interests of the child.
The court may appoint an investigator to gather additional information.
About the Author
Donald Jackson
Experienced content creator specializing in creative arts guides and tutorials.
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