Termination of Parental Rights

Houston Spanish-Speaking Family Law Attorney

Terminating the parental rights of a biological parent is a very delicate matter that requires due consideration by the court and any parties involved. While in some circumstances, a parent wishes to voluntarily relinquish his or her parental rights, in other cases, the termination is involuntary and requires careful consideration by a judge.

Attorney Terry L. Hart is an experienced family lawyer in the Galleria area of Houston. In more than 25 years of practicing law, he has helped countless individuals and families through difficult family legal issues. From representing clients pursuing a stepparent adoption or relative adoption to defending clients whose parental rights are in jeopardy, Mr. Hart has the experience and skill to educate and guide clients through the legal process.

Voluntary Termination of Parental Rights

The court may approve a biological parent's voluntary termination of his or her parental rights when the parent demonstrates extreme disinterest in raising the child or when termination is in the child's best interest. Voluntary termination frequently occurs when a non-custodial parent, who is not part of the child's life, relinquishes his or her rights so that a stepparent or grandparent, who is involved in the upbringing of the child, can proceed with adoption. In these cases, the biological parent voluntarily signs an irrevocable affidavit of relinquishment of parental rights.

Involuntary Termination of Parental Rights

Texas courts are reluctant to sever the parent-child relationship permanently. Therefore, if the termination is contested, the court must carefully decide what the intentions of the biological parent are and what will serve the child's best interests.

• Termination due to abandonment: Involuntary termination may simply involve a biological parent who cannot be located relinquishing their rights voluntarily. When a parent has abandoned or failed to maintain contact with their child and all reasonable efforts have been made to locate the parent, including filing a legal publication in the local newspaper, the court will proceed with termination of the parent's rights.
• Termination in relation to a CPS case: When a child is removed from the home due to child abuse, sexual abuse or child neglect, or because the parent's alcohol or drug abuse endanger the child, Child Protective Services will establish a number of terms that the parent must comply with before the child will be returned to the home. This could include alcohol or drug treatment, counseling, probation or other terms. If the parent has failed to comply with the terms and the child has been in protective custody for more than nine months, the court may make the decision to terminate the parental rights of the biological parent. This would enable a grandparent, relative or other foster parent to proceed with adoption.
• Other grounds for termination: Although mental illness or a felony conviction do not necessarily equate to the termination of parental rights, the court may consider whether it is in the child's best interests to terminate the parental rights of a biological parent who cannot care for the child due to a mental illness or incapacity, or due to a felony conviction resulting in at least two years of incarceration.

Parents fighting to prevent revocation of their rights, as well as clients pursuing an action to have a parent's rights terminated, will find an attentive, experienced advocate in Mr. Hart. Recognizing that clients may be facing one of the most difficult experiences of their lives, Mr. Hart is capable of empathizing with his clients while seeking the most practical solution that serves their needs and the needs of their children.

For a free consultation with a Houston Spanish-speaking family law attorney: Contact Terry Hart to discuss your legal questions. Se habla español.