Is it a good idea to hire an attorney when your parental rights can be terminated?

When you’re facing the possible loss of custody, hiring a skilled termination of parental rights attorney becomes essential. The decisions you make at this stage can permanently impact not only your future but your child’s as well. Choosing the wrong legal strategy or failing to act quickly may result in the State of Texas terminating your parental rights. That’s why it’s critical to have the right legal team in your corner. An experienced attorney can help you understand your options. They can protect your rights and guide you through one of the most serious and emotional legal battles a parent can face.

Why Legal Representation Matters in Parental Rights Termination Cases

The attorneys at the Law Office of Bryan Fagan, PLLC, always encourage clients to seek comfort and support from family and friends. A strong support system is important, especially during tough times in a family law case. However, no matter how supportive, friends and family are not equipped to advance your legal goals. They also cannot protect your parental rights the way an experienced attorney can.

The stakes are high enough in a termination case that hiring an attorney is essential. There are two ways to have representation in your parental rights case termination. The first is to hire an attorney to represent you. Speaking to several different attorneys and then deciding on representation is what our office always suggests.

The other method would be to declare yourself indigent and unable to afford a private attorney. You can then request that the judge appoint an attorney for you in your case. The court will decide whether or not you are genuinely needy and need to have an attorney provided for you.

Special consideration for Native American (Indian) children

If your child is Native American and belongs to a tribe, different rules will apply to your case. The Indian Child Welfare Act (ICWA) adds special protections for Native American families. Any court trying to terminate your parental rights must follow these specific rules. ICWA requires a representative of the child’s tribe to attend the termination hearing.
This law ensures that tribal interests and family connections are respected and protected.

That representative must agree to the termination for it to move forward. The standard to be used by a judge in this situation is that the judge must be entirely sure that letting your child remain in your care will result in harm to your child. This is a heavy burden to meet for a judge.

If your child is placed into foster care, is it guaranteed that your parental rights will be terminated?

If a judge decides it is in your child’s best interest to be removed from your home, the court may place the child in foster care. The State of Texas must then give you an opportunity to receive treatment and address the dangers in your home or in your relationship with your child.

Once your child is placed in foster care, the judge will hold regular hearings to track your progress toward reunification. You must attend every court hearing related to your case. You are also required to follow all court orders, including any steps to improve your parenting skills and create a safe home environment.

How can you best ensure that your parental rights will not be terminated?

As we touched on yesterday, the State of Texas cannot ask a judge to terminate your parental rights based on your sex, nationality, or other characteristics. However, suppose it is shown that you allow your child to be put into dangerous situations that threaten their well-being, mentally and physically. In that case, you run the risk of seeing your parental rights terminated.

As steps to take before and after a petition to terminate your parental rights has been filed, I recommend the following:

Suppose you become aware that Child Protective Services (CPS) is investigating your home and family for possible abuse or neglect of your child. In that case, the best thing you can do is hire an attorney and cooperate with the investigation. Get as much information as you can about the people working with you from CPS and ask how you can assist them. Speak with your attorney before signing anything or turning over documents, however.

Communicate with CPS as much as you and your attorney believe is necessary. You are expected to take the initiative to make sure the lines of communication are open between you and CPS. CPS will not take those steps on its own. Ask CPS and your attorney questions if you do not understand what is expected of you or what the next steps in the process are. If you sign a document agreeing to do something, that means you have to follow through, even if you think the document is silly or pointless.

Once a petition to terminate your parental rights has been filed, work with your attorney to make sure you can show a judge that you are taking this case seriously and are working towards reunification with your family. Taking steps to attend counseling or treatment, fixing unsafe conditions in your home, attending meetings with CPS, and generally making your life better for a child is what a court wants to see. It guarantees you nothing, but doing nothing guarantees that your parental rights will be terminated.

Can you get the rights of your child’s other parent terminated as well?

In all likelihood, the answer to this question is “no.” Almost every family court judge in Texas believes that a child should have two parents. With this in mind, the judge will likely not want to terminate a parent’s rights unless there is an overwhelmingly good reason to do so. Even if you and the other parent agree to the termination, this is true. It must be in your child’s best interests to have a parent’s parental rights terminated.

If you are in a position where your new spouse wants to adopt your child, then a court may consider whether or not to terminate the other parent’s parental rights. If your ex-spouse agrees to terminate their parental rights, then that is a different story. A petition can be filed showing this to a judge, and the judge will need to decide if doing so is in your child’s best interests. Stepparent adoption can occur if your current spouse is strong enough to assume parental rights.

For all of this to occur, you must be remarried, have a spouse who wants to adopt your child, and have your ex-spouse agree to the stepparent adoption.

Finally, keep in mind that the State is motivated by keeping children from relying on government assistance for food, shelter, and health insurance. Two parents are more likely to provide these services for children as opposed to one. If your child is on government assistance, this will likely factor into that decision.

Conclusion

Working with a knowledgeable termination of parental rights attorney can make all the difference when your role as a parent is on the line. These cases carry life-altering consequences, and without experienced legal support, the risk of permanently losing your parental rights is high. A skilled attorney will help you understand your rights and navigate the complexities of Texas family law. They will fight to preserve your relationship with your child. When the stakes are this high, the right legal guidance isn’t just helpful—it’s absolutely essential.

Termination of Parental Rights Is Serious—You Need a Skilled Attorney to Fight Back

Facing the prospect of having your parental rights terminated is a scary thought. You are looking at a future without your child, and the guilt of allowing yourself to lose your parental rights. Without assistance in the courtroom, your fate may well be sealed.

It doesn’t have to be this way. You can work with legal counsel who understands the law. They bring valuable courtroom experience to your case. They also act as strong advocates for your rights. Most importantly, they genuinely prioritize what’s best for you and your family. The attorneys with the Law Office of Bryan Fagan, PLLC, are those people. We work solely on family law cases and represent people like you across southeast Texas. If you are worried about your child’s future relationship, please contact us today.

We offer free-of-charge consultations with a licensed family law attorney six days a week. It would be an honor to work for and with you to achieve your particular goals. Thank you for your time and interest in this vital topic.

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