Family Law clients sometimes come in and ask what can be done to terminate the rights of an unfit parent. They are motivated by a number of different factors or experiences such as:
- Violence or drug use
- Failure to pay child support
- Abandonment
- Putting the child(ren) in danger, or
- Adoption by a non-biological parent
Reasons Why A Court Would Order Termination of Parental Rights
The Texas Family Code Chapter 161 very clearly outlines reasons why a court could order the termination of parental rights. Some of these reasons include:
A) voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return
D) knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child
(M) had his or her parent-child relationship terminated with respect to another child…
(R) been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription
(T) been convicted of a number of various crimes…
and much, much more.
More information on factors that a court would consider ordering the termination of parental rights, read the Texas Family Code Chapter 161.
Affidavit of Relinquishment
The TFC also addresses the signing of a document called and Affidavit of Relinquishment.
The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence:
– a parent executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights as provided by this chapter.
Texas Family Code, Sec. 161.001 (2) (b) (1) (K)
Some parents, knowing their history of failure to pay child support and violent crimes or drug use voluntarily give up their rights and sign this document. This document is usually prepared by an attorney and is served upon the individual, signed and submitted to the courts as proof that the parent whose rights are to be terminated acknowledges and voluntarily relinquishes their rights to the child. This document, according to the code, once signed, is irrevocable and holds a lot of weight with the courts.
I would advise a consultation with a family law attorney to get more information on how to terminate the rights of an unfit parent. At Agustin Hernandez Law Firm, we have experience with Termination of Parental Rights. Call us today to set up a consultation at (956) 255-5555.
Disclaimer: No attorney-client relationship has formed as a result of one using this website. No legal advice is intended through content disseminated in this website. Legal advice from the Agustin Hernandez Law Firm or any of its agents can only be given by the Agustin Hernandez Law Firm after the Agustin Hernandez Law Firm can investigate individual claims and assess conflict of interests, if any. An attorney-client relationship with the Agustin Hernandez Law Firm or any of its agents can only be attained after the Agustin Hernandez Law Firm can investigate individual claims and assess conflict of interests, if any. The Agustin Hernandez Law Firm does not guarantee any results.