• Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now
  • Texas Divorce Handbook

    Read about the divorce process in Texas, and receive a valuable offer worth $350 inside!

    Learn More
  • Download Our Free E-Book

    16 Steps To Help You Plan & Prepare For Your Texas Divorce.

    Download Now

Terminating Parental Rights in Texas on the Absent Parent

Today I met with a potential client asking for advice on whether they could terminate parental rights of their child's other parent. In this case the parent had been absent for several years and had not provided any support. In today’s blog I thought I would spend some time discussing this topic.

Terminating Parental Rights under Section 161.001(2) of the Texas Family Code:

There are many different reasons that a parent’s rights can be terminated but the applicable law in this situation under Texas Law, states that the rights of a parent may be terminated involuntarily if it can be demonstrated to the Court:

  1. doing so is in the best interests of the minor child and
  2. “voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months”

A cursory reading of the statute makes it clear that the potential client I met might have case for terminating the other parent’s rights to the child.

The Process

The termination of parental rights can be a difficult process because Courts consider a drastic measure. Before a Court will terminate a parent’s rights there must be good cause for a Court to legally remove a child’s parent from its life and there is a process to completing a termination suit.

An involuntary termination of parental rights requires:

  1. A hearing in which a Judge or Jury finds that it would be in the child’s “Best Interest” that the parent’s rights be terminated and
  2. That one of the other requirements under section 161.001(2) have been met

Best Interest of the Child

The Court will consider what are known as the “Holley Factors” when trying to determine what would be in the child’s best interest. Those factors include:

  1. the child’s desires;
  2. the child’s present and future emotional and physical needs;
  3. the present and future emotional and physical danger to the child;
  4. the parenting abilities of the persons seeking custody;
  5. the programs available to the persons seeking custody to help promote the best interest of the child;
  6. the plans for the child by those persons seeking custody;
  7. the stability of the home or proposed placement;
  8. the acts or omissions of the parent which may indicate that the existing parentchild relationship is not a proper one; and
  9. any excuse for the acts or omissions of the parent.

Things to consider

  1. The court may appoint an attorney to represent your child - Often called an "attorney ad litem", this attorney will gather facts, interview involved parties and witnesses, appear at hearings, and make recommendations to the Judge.
  2. Another attorney may be appointed to represent an absent or unknown parent.
  3. This type of case can be expensive. In addition to paying for an attorney to help you with the termination. You may also have to pay for the attorney for your child and to locate the absentee parent if this is unknown.

Ebook

If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Other Articles you may be interested in:

  1. Texas Child Support Enforcement
  2. Can my Texas Driver's License Be Suspended for Not paying Child Support?
  3. What do I do if I have overpaid child support in Texas?
  4. Child Custody Basics in Texas
  5. Texas Child Support Appeals
  6. In Texas are Child Support and Visitation Connected?
  7. Why Ignoring Child Support Obligations is a Bad Idea in Texas
  8. Texas Child Support – Trust and Annuities
  9. Special Needs Children in Texas Child Support Cases
  10. How to get above guideline child support.

Law Office of Bryan Fagan | Spring Divorce Lawyers

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Spring, TX Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Comments

No Comments Posted
  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
View Map
Phone: (281) 810-9760
Office Hours:
Mon-Fri 8 AM – 6 PM
Saturday- By Appointment Only
Website:
© 2017 All Rights Reserved.

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.