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Dallas Termination of Parental Rights Lawyer | Dallas County Parental Rights Attorney

Although the decision is never easy, sometimes the State of Texas will terminate a parent's rights over a child if it is in the child's best interests. Termination of parental rights can be voluntary or involuntary. Voluntary termination of parental rights happens in adoption, whereas involuntary termination of parental rights might result from a parent being declared unfit. If you find yourself in a situation involving either category, you should contact a Dallas divorce lawyer or Dallas family lawyer who has experience working with cases involving a termination of parental rights.  A Dallas parental rights lawyer will be able to help you explore and understand your options, which is essential to achieving positive results.

The most common proceeding for parental rights is an involuntary termination. In an involuntary termination, a Texas family court often looks to see if the parent is unable to care for the child. The court considers whether the parent has a mental or emotional problems that make the parent unable to take care of the child's physical, emotional, and mental needs until the child turns eighteen.

What Are Grounds for Termination of Parental Rights?

The Texas family code outlines several scenarios where it is in the best interest of a child for a Dallas family court to terminate the parent-child relationship, such as when a parent:

1. Leaves a child alone or with a non-parent and has expressed an intent not to return;
2. Leaves a child alone or with a non-parent and has expressed an intent not to return, has not supported the child, and has remained away for three months;
3. Leaves a child alone or with a non-parent, has not supported the child, and has remained away for six months;
4. Knowingly placed or knowingly allowed the child to be put into a position that will endanger the child's physical or emotional well-being;
5. Engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child;
6. Failed to support the child for a period of one year ending within six months of the date of the filing of the petition;
7. Abandoned the child without identifying the child or furnishing means of identification, and the child's identity cannot be readily ascertained;
8. With knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;
9. Has been the major cause of the child's failure to be enrolled in school, or has been the major cause of the child's absence from their home without the consent of the parents or guardian;
10. Has been convicted or has been placed on community supervision for being criminally responsible for the death or serious injury of a child;
11. Has constructively abandoned the child who has been in the managing conservatorship of the Department of Family and Protective Services for not less than six months, all while the authorized agency has made reasonable efforts to return the child, and also assumes the parent has not visited the child and has demonstrated the inability to provide the child with a safe environment;
12. Has used a controlled substance in a manner that endangered the health or safety of the child, and failed to complete a court-ordered substance abuse treatment program, or continued to abuse a controlled substance even after the completion of a court-ordered substance abuse treatment program;
13. Has knowingly engaged in criminal conduct that has resulted in the parent's conviction of an offense, and imprisonment of two years resulting in the inability to care for the child;
14. Has been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription;
15. Voluntarily delivered the child to a designated emergency infant care provider without expressing an intent to return for the child; or
16. Has been convicted of the murder of the other parent of the child.
     

It is also possible for a termination of parental rights to be voluntary, such as in an adoption proceeding. For voluntary terminations, a parent must complete an affi davit for voluntary relinquishment of parental rights within 48 hours of the birth of the child. This affidavit must be witnessed by two people and verified before a person qualified to take oaths. The affidavit itself must contain: (1) the name, age, and address of the parent making the voluntary relinquishment; (2) the name, age, and birth date of the child; (3) the names and addresses of any guardians the child may have; (4) a statement verifying that the parent relinquishing their rights is not obligated to pay for the support of the child; (5) an allegation that the termination of parental rights is in the best interest of the child; and (6) information regarding the whereabouts and condition of the other parent of the child. In a voluntary termination, a parent must prepare a medical history report that covers the parent's medical history and the medical history of the parent's ancestors.

Regardless of which type of termination of parental rights you are facing, you should contact a Dallas County parental rights attorney to help you fully understand your options and requirements.  Working with a Dallas parental rights lawyer will help make your experience much smoother, and help you avoid any potential pitfalls. 

Often parents lose their parental rights because of struggles with controlled substances.  If you have recently lost your rights to your child and need help with substance abuse, contact one of these centers.

Divorce Attorneys & Family Lawyers Serve Dallas and Surrounding Cities

Serving clients throughout Central Texas, including Addison, Allen, Arlington, Audelia, Balch Springs, Bedford, Cedar Hill, Carrollton, Cockrell Hill, Coppell, Dallas, Dalrock, De Soto, Duncanville, Farmers Branch, Ft. Worth, Forney, Garland, Glenn Heights, Grapevine, Grand Prairie, Highland Park, Hutchins, Irving, Lancaster, Lewisville, Mansfield, Mesquite, Midlothian, Murphy, Plano, Richardson, Rockwall, Rowlett, Sachse, Seagoville, Sunnyvale, Trinity Mills, University Park, Wilmer, Wylie, areas in the vicinity of Dallas-Ft. Worth International Airport, and other communities in Collin County, Dallas County, Denton County, Kaufman County, and Rockwall County.