Family law · Termination of Parental Rights
Termination of Parental Rights Attorney in Texas
How do you make a decision that could change your child’s family forever? Perhaps you have been served with court papers, are planning a stepparent adoption, or feel unsure about something you have been asked to sign. A Termination of Parental Rights Attorney in Texas can help you understand what those papers mean, what the law requires, and which steps deserve your attention first.
Since 2012
Serving Texas Families
Two Findings
Ground and Best Interest
Court Order
Required to terminate rights
Texas-wide
Family Law Guidance
Here is the first thing to know: an agreement between parents does not, by itself, end parental rights. In a suit under Texas Family Code §161.001(b), termination requires clear and convincing evidence of both a statutory ground and the child’s best interest. Understanding those separate requirements can help you ask better questions before making a lasting decision.
At The Law Office of Bryan Fagan, PLLC, our mission is educating families and protecting futures. Founded in Houston by Bryan Joseph Fagan, a South Texas College of Law graduate, our firm pairs compassionate counsel with clear explanations so families can approach difficult choices with greater confidence and peace of mind.
This guide explains how an attorney can help you seek or oppose termination, prepare useful evidence, and know what to ask before you sign. You do not need every answer today. Start by understanding your options and the next step in front of you.
key takeaways
- Only a court order terminates rights. Signed paperwork or an agreement between parents is not the order itself.
- The required findings depend on the route. Section 161.001(b) requires a statutory ground and best interest by clear and convincing evidence; a parent’s own petition under Section 161.005(a) turns on best interest.
- The order is designed to be final. Later challenges are limited, so review comes before signing or missing a deadline.
- Past-due support does not disappear. Payments already missed remain judgments under the Family Code.
- You choose whether to hire counsel. A lawyer is not required, and no attorney can promise a particular result.
quick answer
Our Texas family-law attorneys help parents respond to a termination case, seek one, or understand relinquishment before signing anything. In a suit under Section 161.001(b), the court must find a statutory ground and the child’s best interest, both by clear and convincing evidence; a parent’s own petition under Section 161.005(a) turns on best interest. Review the petition, orders and deadlines promptly; an attorney can help assess them.
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The attorney’s role
What a Termination of Parental Rights Attorney in Texas Does
The law sets a demanding test. In a suit under Section 161.001(b), a court may order termination only if it finds by clear and convincing evidence both a ground listed in subdivision (1) and that termination is in the child’s best interest. A parent may also petition to end his or her own relationship under Section 161.005(a), where the court may order termination if it is in the child’s best interest. Under Section 161.206(b), the order divests the parent and child of their legal rights and duties toward each other, subject to statutory exceptions, and the child keeps the right to inherit unless the court provides otherwise.
An attorney’s work is to apply that test to your facts: reading the pleaded grounds, identifying the evidence each side will rely on, tracking hearing dates and advising you before you sign or agree to anything.
Voluntary and involuntary cases follow different paths. In a suit under Section 161.001(b), the two compare like this:
Voluntary
how it begins
A parent signs an affidavit of relinquishment that meets Section 161.103; a suit and a court order are still required
- The ground relied on
An unrevoked or irrevocable affidavit of relinquishment (Section 161.001(b)(1)(K))
- Best-interest finding
Required under Section 161.001(b)(2)
- Standard of proof
Clear and convincing evidence
- Later challenges
Limited to fraud, duress or coercion in signing the affidavit (Section 161.211(c))
Involuntary
how it begins
A person with standing under Section 102.003, such as the other parent or a governmental entity, files a petition pleading grounds
- The ground relied on
Another ground listed in Section 161.001(b)(1)
- Best-interest finding
Required under Section 161.001(b)(2)
- standard of proof
Clear and convincing evidence
- Later challenges
Not sure where your situation fits?
A Texas family-law attorney at the Law Office of Bryan Fagan, PLLC can review your papers and explain your options, without promising a particular result.
Our Texas family-law team works with parents throughout Texas on termination and related adoption matters.
Served with a petition
Were You Served With a Termination Petition?
Start with the papers and the dates. Bring the petition, any temporary orders, any service plan and every hearing notice. The specific grounds pleaded, the orders already in place and the next hearing date shape what you should do now.
If a governmental entity, such as the Department of Family and Protective Services, filed the suit under Subtitle E of the Family Code’s parent-child provisions and asks to terminate your rights or appoint a conservator, Section 107.013(a)(1) requires the court to appoint an attorney for an indigent parent who responds in opposition, and under Section 107.013(a-1) a parent who is not represented at the first appearance must be told about that right.
How an attorney helps: An attorney can review the pleaded grounds, explain what the other side must prove, help you gather records and represent you at hearings. If a hearing is coming up, call 281-810-9760 now.
What not to do while the case is pending
- Do not stop paying child support. A support order stays in effect until a court changes it, and a payment that is not made on time becomes a final judgment under Section 157.261(a).
- Do not withhold the child. Follow every existing order, even while you disagree with it.
- Do not sign anything you have not had reviewed. That includes any relinquishment, waiver or agreed order.
- Do not stop attending services or hearings. Keep a record of visits, payments, classes and any testing.
Ending the other parent’s rights
Do You Want to End the Other Parent’s Rights?
Wanting termination is not the same as proving it. Under Section 102.003(a)(1), a parent may file a suit, but the court still needs a specific ground under Section 161.001(b)(1) and a best-interest finding, both by clear and convincing evidence. A parent’s absence, by itself, does not prove a ground; each ground has its own elements.
How an attorney helps: An attorney can assess whether your records, communications and payment history support a particular ground, and how a court may weigh the child’s best interest. Schedule a consultation to review your records.
Stepparent or relative adoption
Are You Planning a Stepparent or Relative Adoption?
Termination and adoption are separate questions. Termination asks whether a parent’s legal relationship should end; adoption asks whether a new parent-child relationship should begin. When a parent signs an affidavit of relinquishment, Section 161.103(b)(12) requires it to designate a managing conservator, which can be a prospective adoptive parent.
How an attorney helps: An attorney can explain how the termination and adoption questions fit together in your family’s case and prepare the filings for each. Schedule a consultation to plan both steps.
Relinquishing your own rights
Are You Thinking About Relinquishing Your Own Rights?
Signing an affidavit does not end the relationship by itself. Under Section 161.103, an affidavit of relinquishment must be signed no earlier than 48 hours after the child’s birth, witnessed and verified, and the court must still find that termination is in the child’s best interest. Under Section 161.211(c), a later challenge to an order based on an unrevoked affidavit is limited to fraud, duress or coercion in signing it.
If child support is part of the reason you are asking, our separate guide on whether giving up parental rights stops child support covers that question.
How an attorney helps: An attorney can explain what signing would and would not do before you sign anything. Talk with an attorney before you sign.
Texas Supreme Court
What a Texas Supreme Court Case Shows About Relinquishment
A signed affidavit started the process; a court order ended it. In In re K.S.L., No. 16-0558, a Department of Family and Protective Services case, the Supreme Court of Texas reviewed a termination order entered after both parents signed affidavits of relinquishment that met the statute’s requirements; the trial court then held a brief trial and found, by clear and convincing evidence, both the affidavits and that termination was in the child’s best interest. When the parents appealed only the best-interest finding, the court held that Section 161.211(c) limited their challenge to fraud, duress or coercion in signing the affidavits, and the termination order stood.
What the case does not decide. The court still required both a compliant affidavit and a best-interest finding before termination, so a signature alone is not a termination order, and the case did not decide every possible challenge. For a parent considering an affidavit, that is why an attorney should review its terms, its managing-conservator designation and whether it is irrevocable before anything is signed.
Your first call
What Happens When You Call
- Initial call: our intake team collects what has been filed, any hearing date and whether the Department of Family and Protective Services is involved; intake staff do not give legal advice.
- Consultation: a Texas family-law attorney reviews your papers and explains your options.
- Urgent dates first: any answer deadline or hearing comes before everything else.
related guides
Where Related Questions Belong
This page explains how an attorney helps. Related questions have their own pages:
The wider effects of voluntary termination
Whether giving up rights stops child support
Child Protective Services cases
Sources
Legal Resources
Legal research note: This page was checked against the current official text of Texas Family Code Chapter 161, including Sections 161.001 and 161.005, on October 15, 2026, and Section 102.003 on October 16, 2026; the Section 157.261(a) text was read during the same research; Chapter 107 and the In re K.S.L. opinion were read from official sources on October 16, 2026.
Use it for: grounds, best interest, affidavits of relinquishment, the effect of an order and limits on challenges. Official text.
Use it for: who may file. Official text.
Use it for: unpaid support as a judgment. Official text.
Use it for: appointed attorneys for indigent parents in governmental-entity suits. Official text.
Use it for: affidavits of relinquishment and limits on later challenges. Official court opinion.
Your attorney
Meet Kimberly P. Washington
Kimberly P. Washington
Senior Managing Attorney
Kimberly Washington has been with the Law Office of Bryan Fagan, PLLC since 2015 and provides senior legal leadership in Texas family-law matters, including divorce, child custody, and mediation.
Licensed by the State Bar of Texas since 2008 · Juris Doctor, Thurgood Marshall School of Law
Conclusion
Conclusion
The next step should fit your family’s situation. In straightforward situations, such as an agreed stepparent adoption with no disputed issues, the focus may be reviewing documents and coordinating the required court process. In more complex cases involving contested allegations, DFPS involvement, or an approaching hearing, you may need counsel prepared to address disputed evidence and trial. Agreement still requires careful legal review, and every family deserves guidance suited to the stakes.
A termination of parental rights attorney can help you understand what must be proved, which alternatives deserve consideration, and what needs attention now. At The Law Office of Bryan Fagan, PLLC, educating families and protecting futures means helping you make informed decisions with a clear understanding of your options.
If your case involves a pending petition, proposed relinquishment papers, or an adoption plan, bring those documents and any deadlines to a consultation. Schedule a free consultation or call 281-810-9760 to discuss your needs and the level of representation your case may require.
Author
About the Author
Bryan Fagan
Founder, Law Office of Bryan Fagan, PLLC
Bryan Fagan founded the Law Office of Bryan Fagan, PLLC in 2012. His work includes Texas family-law strategy, firmwide leadership, team-based case planning, and client education designed to help families understand their legal options and make informed decisions.
The firm
About the Law Office of Bryan Fagan, PLLC
The Law Office of Bryan Fagan, PLLC helps Texas families understand and navigate family-law issues involving divorce, child custody, possession and access, and related matters. Founded by Bryan Fagan in 2012, the firm combines legal representation with education designed to give families clearer information about their options and the decisions ahead.
FAQ
Frequently Asked Questions
Can parents agree to end one parent’s rights without going to court?
No. A court order is what terminates the parent-child relationship. Even when both parents agree and an affidavit of relinquishment is signed, Section 161.001(b) still requires the court to find that termination is in the child’s best interest, and Section 161.206(a) requires clear and convincing evidence.
What does a court have to find to terminate parental rights?
Under Section 161.001(b), the court must find by clear and convincing evidence both a statutory ground listed in subdivision (1), such as an unrevoked or irrevocable affidavit of relinquishment or specified endangering conduct, and that termination is in the child’s best interest. A parent petitioning to end his or her own relationship under Section 161.005(a) faces a best-interest decision instead.
Can a termination order be undone later?
Sometimes, within narrow limits. Under Section 161.211(c), a challenge to an order based on an unrevoked affidavit of relinquishment is limited to fraud, duress or coercion in signing the affidavit, and Subchapter D of Chapter 161 provides a separate reinstatement process only in limited cases.
Does termination erase child support that is already owed?
No. A payment that was not made on time is already a final judgment under Section 157.261(a), and the termination order does not itself erase it. Our separate guide on parental rights and child support explains how an order affects future support.
What form do I need to terminate parental rights in Texas?
No single form ends parental rights, even when both parents agree. A suit must be filed and a court must make the required findings; in a voluntary case, the affidavit of relinquishment under Section 161.103 is one document within that suit, not a substitute for the court’s order.
Is losing custody the same as having parental rights terminated?
No. A custody order decides conservatorship, possession and access while leaving the parent-child relationship in place, but a termination order divests the parent and child of their legal rights and duties toward each other under Section 161.206(b), subject to statutory exceptions.
Do I have to hire a lawyer for a termination case?
No, a lawyer is not required, and a parent may file a suit under Section 102.003. Because the order is so consequential, many parents want an attorney to review the petition or paperwork first; the decision is yours, and no attorney can promise a particular result.
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Facing a termination question?
Bring the petition, any orders and the hearing dates. A Texas family-law attorney can review them and explain your options.
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This page provides general information about termination of parental rights under Texas law. It is not legal advice, and reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome, and how these rules apply depends on the court’s orders, the governing statutes and the individual facts.
