Termination of Parental Rights in Texas

Are you a parent who has to deal with a TX Termination Of Parental Rights issue? Call The Fetty Firm if you want the best representation in court. No matter which side you stand on in the difficult case, The Fetty Firm can assist you through the legal process of terminating the rights of a parent or avoiding rights termination. Usually, these types of cases are as complex as they are difficult.

Even if you wish to give up your parents right voluntarily, you should still hire a Texas family law attorney to ensure that your decision is legally valid. If the court is attempting to terminate your parental rights, you need a strong defense to support your case. In many circumstances, the courts may be able to find an alternative solution. If you want to retain parental rights over the legal, medical, and educational decision of your child, you might have to fight your case in court. However, an experienced attorney can make a large difference in the outcome.

What Is A Termination Of Parental Rights?

When parental rights are terminated, the individual no longer has the capability to make decisions on behalf of the child. Furthermore, the parent is not obligated to provide for the child once he or she has terminated parental rights. There are two methods of terminating parental rights: voluntary and involuntary.

Voluntary Termination

A parent may wish to terminate his or her parental rights for one of several reasons. For example, the individual may currently be required to pay child support for a child that is not biologically theirs. Instead of shirking child support payments and dealing with severe penalties later, a parent can terminate his or her right and with it, terminate the obligation to pay child support. Some parents also terminate parental rights when they believe that they are unfit to serve as the child’s guardian. Rather than make a series of unfair decisions that put the child’s welfare at risk, the parent may terminate his or her rights. That way, the child can be under the guardianship of a more suitable caretaker. Additionally, the parent will prevent the need for an involuntary termination or a criminal case arising from negative parenting decisions.

Another reason that a person may terminate their rights to parent a child has to do with adoption. In fact, termination is often required in order for the child to be adopted by another guardian. Terminating parental rights can ensure potential adoptive parents that the birth parent won’t change their minds about the adoption. Furthermore, if the parent does change their mind, they are legally limited in regards to retaliatory actions they can take. The biological parent can’t run away with their child that they gave up for adoption or make decisions for the child without the adoptive parent’s consent.

Involuntary Termination

That being said, the court may revoke a parent’s right to make decisions for their child. If this happens, the parent has been deemed by a judge to be unfit to parent. Sometimes, a parent may have tried to retain parental right but they were revoked due to the parent’s actions or behaviors, such as substance abuse issues. However, these cases are not clear-cut. Sometimes, spiteful ex-spouses try to paint a negative picture of their child’s parent, in order to obtain sole custody. If you believe that it is in your child’s best interest that you retain your parental rights, you can fight your case in court.

Depending on the reasons for termination, your case may vary in terms of difficulty. No matter how obvious it seems to you that you’re fit to parent your child, you need an attorney. Don’t risk your parental rights by relying on the judge’s common sense or your own great debate skills. Instead, call The Fetty Firm. We can weigh your options and figure out how we can help you.

As you can see, termination can prevent legal consequences arises from unwise parenting decisions. If you don’t intend to properly care for a child for their entire childhood, you may benefit from a voluntary termination agreement. The Fetty Firm can explain the regulations and process in more detail before you proceed with termination. For one, you must prove that the voluntary termination is in the best interest of the child, and not solely because you seek to avoid legal consequences. The termination should serve the child, not the parent.

Why Would The Court Terminate My Rights?

The reasons for voluntary termination are numerous, but they all must meet the same qualification. In order to successfully terminate your parental rights voluntarily, you must prove that doing so would be in the child’s best interest. Similarly, the court orders involuntary termination on behalf of the child’s welfare. If a court seeks to terminate your parental rights, it is because the judge believes that you are incapable of making good decisions to keep your child safe. Possible explanations for involuntary termination include abuse, neglect, abandonment, criminal behavior, or a dangerous physical or mental environment. Additionally, if you refuse to support the minor child or an adult child who has a mental or physical limitation that prohibits them from caring for themselves, your rights may be terminated.

Even if someone believes that your child isn’t in an ideal living situation, that doesn’t mean that your rights will necessarily be terminated. The courts will review all convincing evidence before making a decision. Everyone involved wants to do what’s best for your child, but first, we must discover what that means.

Call Us!

If your child’s other parent is unsuitable in your opinion, we can fight to terminate their parental rights. On that same note, we will fight to help you retain your rights if someone wrongfully accused you of abuse or are getting out of a bad situation. Call The Fetty Firm law office at (214) 546-5746 to learn more about how we can help you deal with this stressful TX Termination of Parental Rights matter. Alternatively, you can contact us at any time using our online form. Let us know how we can help you.

Questions over paternity often require resolutions in Texas family law courts. For instance, a couple has an unexpected pregnancy that they are not prepared for. Or, a father learns that a child or children that he pays child support for is not biologically his. And sometimes a parent may not be in a place to have a child or, even worse, may not be fit to raise children.

In extreme situations, it may become necessary to seek to terminate parental rights. In Texas, this is a complex process that requires that you file a lawsuit. If you are seeking to terminate the parental rights of your former spouse, it is important to talk to Colleyville attorneys in family law experienced in parental termination, especially if your ex-spouse is represented by a lawyer, is contesting your case, you need child support, or you believe your children may not be safe.

Rashelle Fetty of the Fetty Firm in Colleyville, Texas is a family law attorney that can assist you with this difficult process.

Ways to terminate parental rights

In Texas, there are two avenues to terminate parental rights:

• Voluntary termination, where a parent agrees to terminate their rights. The proper paperwork is filled out, signed, and filed. The parent then comes into court to testify that they are giving up parental rights. Voluntary termination may apply to biological and adopted children.
• Involuntary termination, where a parents’ rights are terminated without agreement and by the court. Circumstances leading to involuntary termination include abuse, neglect, abandonment, lack of support, lack of acknowledgement, and other behaviors that may be found to be criminal.

Reasons for involuntary termination

Poor parental behavior may result in parental rights being terminated involuntarily. This includes:

• Abuse
• Neglect
• Abandonment
• Criminal behavior that results in a child’s serious injury or death
• A mentally or physically dangerous environment for the child
• Refusing to support the child

These reasons are common, but each case is unique. Rashelle Fetty takes the time to learn about the circumstances surrounding your child or children and work aggressively to seek termination in order to help protect them.

The Fetty Firm, Colleyville’s attorneys in family law, will advise you on how parental termination cases are handled. The firm will review the clear and convincing evidence standard that is required for involuntary termination. Voluntary termination requires that the parent proves that doing so is in the best interest of the child.

The termination process is an extremely stressful ordeal and it is best that you hire an attorney for consultation. Contact Rashelle Fetty and the Fetty Firm today.