Termination of Parental Rights

Termination of parental rights in Texas can be difficult to navigate through for all parties involved. The family law attorneys at Woodburn and Watkins are committed to improving the lives of children, and that may require terminating the parental rights of one of the separated or divorced parents.

In some circumstances, one parent is causing, has been causing, or will cause long-term physical or mental issues in children. In other cases, a parent’s behavior can demonstrate that he or she does not consider the well-being of their child. In these circumstances, termination of parental rights may be warranted.

Grounds for Termination of Parental Rights

The parent-child relationship may be terminated if the court finds termination that the parent has:

voluntarily left the child alone or in the possession of another who is not a parent and expressed an intent to not return;
voluntarily left the child alone or in the possession of someone who is not a parent, failed to provide adequate support, and remained away for a period of at least three months;
voluntarily left the child alone or in the possession of another, failed to provide adequate support and remained away for a period of at least six months;
knowingly placed the child or knowingly allowed the child to remain in conditions or surroundings which endangered the physical or emotional well-being of the child;
engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangered the physical or emotional well-being of the child;
failed to support the child in accordance with the parent’s ability during a one-year period 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 the time during her pregnancy with the child, continuing through birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth, and remained away from the child or failed to support the child since the birth;
refused to submit to an order of Court during a CPS investigation;
been the major cause of the failure of a child to be enrolled in school, or the cause of the child’s absence from school for a substantial length of time;
executed an affidavit of relinquishment of parental rights;
been convicted or placed on probation for being criminally responsible for the death or serious bodily injury of a child, under certain penal code violations;
had their parental rights terminated as to other children under certain conditions;
constructively abandoned their children to the Department of Family and Protective Services (CPS);
failed to abide by a court Order that establishes actions necessary for a parent to have a child returned from the Department of Family and Protective Services (CPS);
used a controlled substance in a manner that endangers the child;
knowingly engaged in criminal conduct that results in a conviction and incarceration for not less than two (2) years;
been the cause of a child being born addicted to alcohol or a controlled substance;
voluntarily delivered a child to a designated emergency infant care provider and expressed an intent to not return;
been convicted of the murder of the other parent, attempted murder of the other parent, criminal solicitation of murder of the other parent, or the sexual assault of the other parent; or
been placed on probation for sexual assault or aggravated sexual assault of the other parent.

Does Termination of Parental Rights Serve the Best Interest of the Child?

In addition to the proof necessary to establish one or more of the grounds set out above, the person seeking to terminate the parental rights of a parent bears the burden of proving to the judge that this drastic action is really in the best interest of the child. Many times, this is the most difficult part of the case, since many children are devoted to their parents regardless of the parent’s proclivity for inappropriate, abusive, or cruel behavior.

In this day and age, drugs and alcohol are often one of the contributing or exclusive sources of inappropriate behavior. Mental illness can also be a contributing factor. Since there are a number of treatment avenues for addiction, an effective opponent can convince a judge that, with treatment, a recovering addict can return to being an appropriate and loving parent – and therefore, eliminating the parent from the child’s life will not serve the child’s best interest. In this situation, it takes an experienced lawyer with particular skills to produce a convincing argument that the opposing counsel is wrong. Based in Amarillo, Texas, the attorneys at Woodburn and Watkins possess such skills.

Procedure for a “Presumed” or “Unknown” Father

There are times when a parent desires to eliminate the possibility that an unknown father, a biological father who has “disappeared,” a biological parent who is presumed dead, or a non-biological husband or former husband married to the mother when the child was born will surface at some point and want custody or access to a child. This is especially true when the termination is being filed as a prerequisite to an adoption (adoption is covered at length in the “Adoption” section of this website).

How to address the termination of any right this person would have to seek custody, visitation, or access to the child – or to prevent a person from appearing during the pendency or after an adoption has taken place – requires strategic planning and sometimes outside-the-box thinking by a seasoned professional. Serving Potter County and the Texas Panhandle, the family lawyers at Woodburn and Watkins have the experience and skills to address these complicated issues.

Jury Trial

A judge or a jury has the right to decide whether to terminate a parent’s rights. Whether you are seeking or are seeking to avoid the termination of parental rights, the decision about whether to pursue a jury trial is important. When it is time for a final hearing you will likely have had some experience with the judge a prior final or temporary hearing. If your prior hearing resulted in an unfavorable ruling or you just believe that your message is not being heard by the Judge then you may wish to pursue a jury trial. When hiring your lawyer you should, therefore, choose an attorney who has experience both with judge trials and jury trials. The family lawyers at Woodburn and Watkins have experience both with Judges and Juries and are prepared to present your case to the decision maker that is most receptive to your argument.