Protecting the Best Interests of Children in Texas
In Texas, a termination of parental rights case is usually initiated for one of two reasons:
- To protect a child from abuse, neglect or an unsafe environment at the hands of a biological parent
- To clear the way for adoption of a child by a stepparent or other relative
I'm Jesse White, a family law attorney in San Antonio, Texas. I represent clients who are seeking to terminate the rights of a biological parent either to protect their child or to allow for adoption of the child. I also represent parents whose rights are threatened because someone made allegations against them that are unfair or untrue.
What Is a Termination of Parental Rights?
In Texas, anyone from a school teacher, to a neighbor, to a police officer, to a divorced spouse can report a parent for neglect or abuse. Once an allegation is made, it will be investigated by Child Protective Services (CPS). If CPS finds that the allegation is credible following a home investigation, it can remove the child and begin a court action to terminate the parental rights of the father or mother.
A parent's rights can be terminated for physical or sexual abuse or for endangerment by unsafe behavior such as drug use or leaving a child unattended. In an adoption case, the rights of a biological parent can be terminated if he or she has abandoned a child and is not supporting a child.
What Standard Proof Is Needed to Terminate Parental Rights?
There are two types of termination: consensual and involuntary. If a parent does not want to relinquish his or her parental rights, the court can terminate those rights for a very specific reason (such as abandonment, abuse or endangerment).
The standard of proof used in termination of parental rights cases is "clear and convincing evidence." This is a higher standard than "preponderance of evidence" used in other civil law cases, but not as high as the "beyond a reasonable doubt" used in criminal cases.
A Lawyer-Client Relationship Based on Trust
To discuss termination of parental rights with an experienced San Antonio family law attorney, call 866-207-6772 today or fill out the contact form on this Web site. Your initial consultation is free.
