Texas Family Law Attorney

When Can the Court Terminate Parental Rights?

Involuntary Termination

Involuntary termination of parental rights occurs when the parent demonstrates egregious neglect or abuse of their child in the eyes of the court and Texas family laws. According to the Texas Family Code, Title V, Chp. 161, there are a number of circumstances which may result in your parental rights being eliminated, including:

  • Apparent abuse
    • Sexual abuse
    • Physical abuse
    • Torture
    • Psychological abuse
    • Failure to provide food, water, shelter, and reasonable medical care
    • Conception as a consequence of rape, incest, or other abuse
  • Voluntary abandonment
    • Leaving your child with someone else without indicating an intent to return or providing sufficient financial support to care for your child and remaining absent for 90 days or more
    • Failure to provide appropriate medical care for the child’s mother or abandoning her before the child’s birth
    • Abandoning the child without identification or any reasonable means of determining the child’s identity or parentage
    • Extreme disinterest or unwillingness to fulfill parental obligations
  • Placing the child at serious risk of harm (This can take the form of reckless behavior, exposing the child to dangerous criminals or people with a history of sexual or child abuse,
  • Encouraging, causing, or enabling a child to commit a crime
  • Felony charges that keep you from caring for your child in the foreseeable future
  • Negative health effects resulting from mother’s willful use of drugs or alcohol during pregnancy (This typically includes withdrawal, diminished cognitive or physical function, evidence of alcohol or drugs in child’s bodily fluids)
  • Mental illness, instability, or incapacitation of the parent
  • Parental failure to abide by the terms of a court-ordered parenting or child support agreement

There are many more reasons for which a parent may be stripped of their rights to their child. If the court has stripped away your parental rights, you don’t have to accept the current outcome. However, you’re going to need help getting your rights reinstated.

We can help. Call the Fischer Law Firm, P.C. at (346) 444-1050 to speak to a family lawyer in Katy about restoring your parental rights.

Voluntary Termination

There are some circumstances in which you may wish to relinquish your parental rights, including:

  • Your child’s stepparent wishes to adopt them
  • You wish to give your child up for adoption to another family
  • Your child has been in foster care for 15 out of the past 22 months and you are not yet prepared to resume your responsibilities as a parent due to incarceration, joblessness, substance abuse, etc.

Giving up your parental rights isn’t as easy as deciding to no longer support them or exercise your responsibility to care for them. It is a defined legal process, and you will need the right legal support to make it happen. Call Family Lawyer Mark Fisher at (346) 444-1050 for help.

Getting Your Parental Rights Reinstated

Perhaps your parental rights have been stripped and you wish to have them reinstated. Be advised that this is not permissible under state laws in Texas. However, you may be able to adopt your child if you can demonstrate to the court that you have undergone drastic changes. With that said, it is not impossible to get your child back after being separated from them by the authorities.

Contact the Fischer Law Firm, P.C. to get the help you need regarding your parental rights. Our knowledgeable, compassionate team is here to help.