How to Terminate Parental Rights in Texas

Having a Parent's Parental Rights Involuntarily Terminated

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.

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; or Committed child sexual abuse, sexual assault, or incest which resulted in the victim becoming pregnant with the parent's child.

Establish that termination is in the best interest of the 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; or The parent has a mental illness that affects his or her ability to care for the child.

Sign your paperwork. 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.

File your documents. 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.

Serve the other parent. 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.

Attend the hearing. 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.

Terminating the Relationship When You Are Not the Father

Verify that you are legally considered to be the father of the child. In Texas, there are three conditions under which you might be legally considered to be the father of a child. The law presumes you are the father if you: Were married to the child's mother when the child was born; or Were married to the child's mother any time during the 300 days before the child was born; Married the mother after the child was born and claimed paternity of the child with the bureau of vital statistics, on the child's birth certificate, or in a record in which you promised to support the child as your own. You are an "acknowledged father" if you signed an "Acknowledgement of Paternity" form claiming to be the father of the child, which was also signed by the child's mother and filed with the Vital Statistics Unit. You are an "adjudicated father" if you were named as the father of the child in a court order.

Initiate a case challenging paternity. If you are presumed to be the father of the child, you will need to undergo genetic testing to prove otherwise. If you are an acknowledged father or an adjudicated father, but have not undergone genetic testing, you can still challenge paternity. You will need to argue, in your court documents and in court, any facts that establish that you are not the child's father and that you mistakenly believed that you were the father based on another person's misrepresentations. You cannot file a case if you: Adopted the child; Were married to the mother and consented to the conception of the child through assisted reproduction; or Are the intended father of the child born to a surrogate mother under a gestational agreement validated by a court.

Meet the time requirement. You must file your petition to terminate the parent-child relationship within 2 years of the day that you learned that you were not the child's genetic father. In your paperwork, state the facts that led you to realize that you were not the father, and the date upon which you learned those facts.

Proceed with your case. You will need to complete your required court forms, which you can get from the court clerk. File your forms and have them served on the other parties, and attend court on the hearing date given to you by the court clerk. If the judge is persuaded by your paperwork that there is a possibility that you may not be the father, he or she will order that you and the child submit to genetic testing. If the testing proves that you are not the father, the judge will terminate the parent-child relationship.

Applying for Step-Parent Adoption

Understand how step-parent adoption works. Courts rarely grant a voluntary petition to terminate parental rights, even if both birth parents agree, unless there is a third person who is willing and able to assume those parental rights and responsibilities. The most common solution is to have a step-parent adopt the child, which ensures that two parents will continue to be responsible for the child's welfare. If you have a child from a previous relationship, the other parent's new partner may be willing to adopt the child as his or her own.

Discuss the arrangement with the other parent and his or her partner. In order to terminate your parental rights, you and the child's other parent must agree, and the prospective step-parent must agree to adopt the child. The prospective parent will effectively take your position of financial responsibility for the child before your child support obligations will be terminated.

Locate the appropriate court. Search online to locate the family court or court of general jurisdiction in the county where the child lives. This is the court that has jurisdiction over issues relating to the child's relationships with its parents.

Fill out the necessary forms. Your county should provide pre-printed forms for step-parent adoptions. You can find those forms at the court's website online or at the court clerk's office. The website may also feature an interactive online program that creates your documents based on information you provide. Call the court and ask about self-help programs. Your court have a self-help center where you can ask an attorney to help you with your paperwork for free.

Sign your paperwork. 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.

File your documents. 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 state. (For example, the fee to file a petition for step-parent adoption in Dallas in 2015 is $333.) Ask about how to file for a fee waiver if you cannot afford the filing fee.

Serve the other parent. Each parent must receive formal notice of the proceedings. 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.

Attend the hearing. Dress professionally, arrive early, and wait for your case to be called. The judge will ask the adopting parent if he or she understand the parental rights and responsibilities he or she is requesting. The judge will also ask you to verify that you understand and wish to relinquish your own parental rights and responsibilities.

Giving Your Child Up For Adoption

Locate an adoption agency. You can search for adoption agencies online or contact the Texas Department of Family and Protective Services (DFPS) for a list of adoption agencies in your area. DFPS provides links to private and community-based adoption agencies here.

Research the agency's reputation. You can find out about the agency's licensure status and reputation by contacting DFPS. Ask if the agency is in good standing and if any complaints have been filed against the agency. Contact the clerk's office at the civil court of general jurisdiction in the county where the agency is located and ask how you can search public court records for any actions filed against the agency. Ask the agency to provide you with at least three references, including names and phone numbers, from families who have already completed adoptions at least three years earlier. Contact those references and ask if they had any concerns or complaints about the agency.

Work with the agency. Once you are comfortable with the reputation of your chosen agency, contact them. The agency will help you through the paperwork and any other requirements for adoption. Your agency may even provide free counseling, medical care, and legal services. You may be able to choose the adoptive family yourself, and/or arrange for an "open adoption" whereby you can opt to have some contact with your child and the adoptive family or request updates and information.

Surrendering Your Rights After Removal of Your Child by the State

Understand why your child was removed from your care. DFPS may have removed your child from your care because the child has been or was likely to be harmed by abuse or neglect. If are able to remedy the conditions that prompted the removal, your child will be returned to your care. If you are unable to remedy those conditions, your parental rights may be involuntarily terminated. You may also be able to voluntarily terminate your parental rights instead.

Speak with your attorney. You have a right to an attorney when the state removes a child from your care. An attorney may be provided to you at no cost. If you do not qualify for a court-appointed attorney, you should consider hiring your own attorney to explain your rights and help you act on your decision. Courts are unlikely to terminate parental rights, but your attorney may advise you that the state is likely to terminate your rights anyway, and that voluntary termination will avoid having to go to trial.

Speak with your case worker. After the removal of your child from your care, the state should have appointed a caseworker. If you choose to voluntarily terminate your parental rights, inform your case worker immediately so that he or she can begin looking for a permanent placement for your child.

Confirm your decision in court. You or your attorney will need to request that the judge grant a voluntary termination of parental rights. The judge will ask questions to verify that you understand the rights that you are giving up.

Using a Safe Haven Drop-Off Location

Understand how safe haven laws work. Most states have adopted safe haven laws to prevent infant abandonment and infanticide by mothers in distress. The laws permit mothers to leave their newborn children at a designated place without facing prosecution for child abandonment. Babies surrendered at safe haven locations receive care from the state's child custody department until the department finds a permanent home for the child.

Verify that you can meet the requirements. You must surrender your child at the place and within the time specified. In Texas, you must take your child to a safe haven within 60 days of the child's birth. Safe haven locations include any emergency medical services provider, hospital, or licensed child welfare agency.

Deliver the baby to the safe haven location. You can choose to deliver a baby anonymously. Provide as much information as you can about the baby, including any particular medical needs and when the baby was last fed. In Texas, unlike some other states, the child must be delivered to the safe haven location by a parent. Texas will not recognize the privileges of anonymity and immunity from prosecution if there is evidence that the baby has been abused or neglected.