In Texas, can you terminate the other parent’s rights?
Parental rights termination is a legal action that ends the child-parent relationship. The following are questions people often ask.
Who can terminate the other parent’s rights?
Only a court can terminate another parent’s rights. When a court orders a termination, it ends the parent-child relationship and the legal action is usually permanent. The parent can no longer claim rights to the child. Under rare circumstances in very limited situations, sometimes a parent regain their parental rights.
Under what circumstances are parental rights terminated in Texas?
When parents agree to terminate their rights, they can sign an affidavit of voluntary relinquishment of parental rights. For this to happen, the child must be at least 48 hours old.
Ways that a father can relinquish his parental rights include:
- Signing an affidavit of waiver of interest in the child, provided that he agrees to give up any interest in the child or unborn child.
- Failing to file a Notice of Intent to Claim Paternity. This would make it possible for a court to terminate any rights the father might have to the child.
What about filing a case to terminate a parent’s rights?
Grounds for filing a parental rights case can be based on the following:
- One parent can file based on other parent’s failure to support a child. The time must constitute at least a year and the parent must file the case no later than six months after the parent begins to support the child (if at all).
- An alleged father can file a mistaken paternity case. He must file no later than two years after discovering he might not be the genetic father.
- A foster parent with possession of the child for at least 12 months can file a termination case. The foster parent must file no later than 90 days after the possession ends.
- You are the grandparent, great grandparent, sister, brother, aunt, uncle, niece, or nephew, and the child’s parents are dead. Or if both parents or the surviving parent agrees.
Do you need legal help with parental rights termination?
If you are considering filing a case for parental rights termination, find out how we can help. We are glad to provide you with sound legal advice. Contact us online or call 972.752.3474.