Attempting to sign over your parental rights is a huge step to take. In many ways, it goes against our nature as parents to have less time and influence on our children. However, circumstances may lead you to believe that the best situation for your children is to have your parental rights terminated. With that said, the question that we need to ask ourselves is how to go about this. If you are considering trying to sign over your parental rights, then today’s blog post from the Law Office of Bryan Fagan is for you.
Why might you want to have your parental rights terminated?
To begin with, the way that the state of Texas refers to parental rights is to say that a parent may want to voluntarily terminate them. Voluntary termination of your parental rights means willingly giving them up through a legal process. There is a legal process where you may have your parental rights terminated. As an introduction, it is not something where you can simply sign a piece of paper and terminate your parental rights with no further action. Rather, there are legal steps that must be followed.
An experienced family law attorney knows how to guide you if you are considering the termination of your parental rights. This is not a circumstance that you should enter lightly. Rather, it is an incredibly complex question that you need to ask yourself. Specifically, is it the best thing to do for you to relinquish your parental rights? Not only should you be considering what you think is best for yourself, but your primary concern should be the best interests of your child.
The best interests of the child’s standard
When looking at the question of relinquishing your parental rights a court we’ll consider what is in the best interests of your child. This is an objective legal standard where courts attempt to consider several benchmarks and circumstances in the life of your child. The emotional, social, physical, and mental well-being of your child will be considered. Your involvement in the life of your child also matters. Any history you have with substance abuse or Child Protective Services will also be at issue.
As you consider what is in the best interests of the child it is appropriate to look back on your relationship with him or her. This does not mean that you need to be unfair or harshly judge yourself. Every parent has a unique relationship with their child. Just because you have made mistakes in parenting does not mean that you are unfit as a mother or father. However, this discussion also requires a great deal of honesty. The more honest you can be with yourself the better decision-making you can make on behalf of your son or daughter.
What is the result of a parental rights termination case?
Ultimately, when you seek to terminate your parental rights, you are effectively severing your legal obligations to your child. Moving forward, that child would have no legal relationship with you. It would be as if you were never his father or mother. Your obligation to care for the child would be eliminated. Additionally, there would be no responsibility to make decisions on behalf of the child. By the same token, your legal right to spend time with the child also would be eliminated.
What is the process involved with terminating your parental rights?
As with any legal request you attempt to make there is a specific process involved with voluntary termination of your parental rights. It is important to understand these issues. The reason is that by understanding the issues better you can anticipate challenges and problems that may arise. Ideally, you want to avoid a situation where you spend time and money attempting to terminate your parental rights only to find that a judge does not believe it to be in the best interests of your child.
At that point, you are left in an unenviable situation where you would have to rebuild an extremely strained relationship with your child. Your son or daughter would understand the nature of the family law case. He or she would have questions about why you filed the case and what it means for the future of your family. Short, when you file a motion to voluntarily terminate your parental rights you need to be extremely confident in your ability to have the motion granted by a judge.
What situations merit termination of parental rights in Texas?
The Texas Family Code Contains situations that a court may base a termination of parental rights on. Clear and convincing evidence must be found to terminate parental rights. This is a high legal threshold to meet. In a case as important as a termination of parental rights a judge would need overwhelming evidence to terminate your parental rights. If you are attempting to terminate your parental rights, be prepared to present sufficient evidence in court.
One of the more common reasons why parental rights are terminated in Texas has to do with voluntarily leaving your child alone or in the possession of another adult without expressing an intent to return. This other adult may be your child’s other parent or any other adult. When it comes to leaving your child with another adult the abandonment would need to coincide with a lack of monetary support for the child. Once you have stayed away for at least three months then termination of parental rights may be appropriate.
From a financial perspective, it is not uncommon to see a parent attempt to terminate their parental rights. Suppose that you have lost your job. The only work you can find is across the country. In an extreme situation like this, you may choose to leave your child with another adult for a certain period. If you fail to support the child and do not come back to retrieve the child within six months, then a termination of your parental rights may be appropriate.
Consequences of Parental Rights Termination
If your parental rights are terminated there are several consequences, you need to be aware of. Unfortunately, situations sometimes arise where a parent is unable to pay child support ordered by a court. Imagine a circumstance where you recently went through a child custody case. Within that child custody case, you were ordered to pay $1000 per month in child support for your daughter. Since the time of the child custody case, you have been unable to work. After having paid nothing in child support you eventually decide to try and terminate your parental rights.
Keep in mind that even if the court does terminate your parental rights that does not end your child support obligation. Yes, your obligation to pay future child support would be terminated. However, any past due amounts of child support would still be owed. In a situation where your parental rights are terminated, the court would create a plan to have you pay back the child support that you owe. That plan would need to be agreed to by your child’s other parent and the office of the attorney general.
A lesser-considered consequence of parental rights termination is that your child would no longer be able to inherit property from you. You could still choose to have your child listed within your will but that would be optional. Keep in mind that even if you list your child’s name in your will, he or she is still not your legal son or daughter. Because your child would no longer have a legal relationship with you, he or she could not inherit property under the intestacy laws of Texas.
Can a mother terminate her parental rights?
Many times, when we think about voluntarily terminating our parental rights, we assume that it is a father asking this question. However, it sometimes happens that pregnant women choose to give up their legal rights to their babies. There are many reasons why this may be. It could be that you are a pregnant teen who does not foresee a circumstance where you can support your child financially.
In a situation like this, you can file a petition to terminate your parental rights voluntarily. While you can do so before the birth of your child the court will not hold the hearing until your child is born. At that point, you could pursue your parental rights termination case in full. That means preparing legal arguments and evidence to support your petition. At that point, a judge would make a best interest determination as to whether voluntarily terminating your parental rights would be in the child’s best interest.
Many times, the voluntary termination of a pregnant woman’s parental rights coincides with an adoption. You may have an agreement with a married couple to adopt your child once that child is born. However, your child’s father also has a right to oppose the potential termination and adoption. If you are a pregnant woman who seeks to terminate your parental rights, then you need to have the advice and counsel of an experienced attorney. Please reach out to the Law Office of Bryan Fagan to learn more about your options under the law in Texas.
Can a father terminate his parental rights?
As we have already discussed in today’s blog post, yes, a father may terminate his parental rights. A petition to terminate your parental rights would need to be filed in a district court that has jurisdiction over your case. Typically, this is the county either where you reside or where your child was born. Your child’s mother would need to be notified of your petition having been filed. Once all parties have been notified a hearing may be held where you can present evidence as to why it is in the best interest of the child to have your parental rights terminated.
What are your chances of winning a voluntary parental rights case in Texas?
As you might imagine, most family law judges will hesitate before granting your motion. It is difficult to make an argument that it is in the best interests of your child for you to no longer be their parent. This does not necessarily mean that you have no flaws as a mother or father. None of us are perfect parents.
However, to terminate your parental rights means that a source of care and support for your child is eliminated. That necessitates another person being able to step into that role. Unfortunately, that responsibility may fall upon the state of Texas. Rather than obligate the state to support your child your obligation as a parent would likely remain in place.
As we mentioned earlier in today’s blog post, you need to be able to have a strong case before trying to file a voluntary parental rights termination. There are many considerations to ponder before taking this step. Keep in mind that there are limited circumstances that would allow you to come back and try and appeal the termination of your parental rights. As you can imagine, it is not an ideal circumstance for your child for you to try and terminate your parental rights and then attempt to undo that process.
Talk with people in your life that you trust. The people who know you best can guide you when it comes to the potential termination of your parental rights. From a legal perspective, you can feel confident in the information provided to you by the Law Office of Bryan Fagan. Our attorneys are empathetic to your circumstances and have experience in guiding parents in your situation. Contact us today for a free-of-charge consultation with no strings attached.
Involuntary termination of parental rights
So far in today’s blog post, we have been discussing the process involved with voluntarily terminating your parental rights. As you can imagine, there is also an involuntary termination of parental rights process in Texas. This involves circumstances where another person or entity attempts to have your parental rights terminated. The justifications for an involuntary termination of parental rights are much the same as voluntary termination cases. Neglect, abuse, abandonment generally being an unfit parent are all justifications for involuntary termination of parental rights.
Much of the time manage a parental rights termination case. Whether you are an involuntary termination of parental rights case comes up during a CPS investigation. For example, consider a situation where CPS has been attempting to work with you to regain custody of your child. However, for various reasons, you have been unable to fulfill your obligations under CPS parenting plans. Because of an unwillingness or inability to cooperate with CPS, the state of Texas may move to terminate your parental rights. In that type of circumstance, you may oppose their motion to terminate your parental rights.
Coming up with sufficient evidence to show that you have been a good parent is the baseline as far as evidence is concerned. Examples of being present and accountable for your child are essential when trying to dispute the evidence in the termination case. The court will provide you with counsel in this type of case. However, you do not want to leave anything to chance. Contact the Law Office of Bryan Fagan to ensure that you have the best possible opportunity to win back your parental rights.
Final thoughts on voluntarily terminating your parental rights
There is a great deal of judgment and stigma surrounding a parental rights termination case. This is especially true for parents who seek to voluntarily terminate their parental rights. However, you may have legitimate reasons for doing so. When these reasons are based in the best interests of your child you should certainly explore every avenue to do what is best for your child. In a way, it is arguably selfless for you to try and terminate your parental rights.
The attorneys with the Law Office of Bryan Fagan know how to manage a parental rights termination case. Our attorneys understand that this is a delicate subject that requires a great deal of discretion. We know how to work through the challenges of this type of case. At the same time, we also understand that it is important to proceed with your goals in mind.
Thank you for choosing to spend part of your day with us here on our blog. Our attorneys provide our clients with the utmost care and diligent representation. If you find yourself in a circumstance where you need the best in family law representation, then look no further than the Law Office of Bryan Fagan.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
