Termination of parental rights (TPR) is a serious legal process that can result in the permanent loss of a parent’s rights and responsibilities to their child. It is a last resort, and only used when it is in the child’s best interest.
Who can file a petition for termination of parental rights in Texas?
Only certain people can file a petition for TPR in Texas. These include:
- The child’s other parent
- A stepparent or relative who has been caring for the child for at least six months
- The Texas Department of Family and Protective Services (DFPS)
- A licensed child-placing agency
What are the grounds for termination of parental rights in Texas?
Some examples of why a court may terminate parental rights are:
- The parent has abandoned the child for at least six months
- The parent has engaged in abuse or neglect of the child
- The parent has a mental or emotional condition that prevents them from adequately caring for the child
- The parent is incarcerated for a felony offense and is unlikely to be released within the next two years
- The child has been in foster care for at least 12 months and the parent has not substantially complied with the court’s orders designed to reunite them with the child
How does the process of terminating parental rights work in Texas?
The first step in the TPR process is to file a petition with the court. The petition must state the specific grounds for termination and the evidence that will be presented to support the petition.
Once the petition is filed, the court will schedule a hearing. The parent who has been served with the petition has the right to attend the hearing and present evidence on their own behalf.
At the hearing, the judge will listen to the evidence presented by both sides and then make a decision about whether to terminate parental rights. If the judge decides to terminate parental rights, the parent will lose all of their legal rights and responsibilities to the child.
What are the consequences of terminating parental rights?
Termination of parental rights is a permanent decision. Once parental rights have been terminated, the parent cannot regain them.
Terminating parental rights also has a number of other consequences. For example, the parent will lose the right to:
- Visit with the child
- Make decisions about the child’s upbringing
- Receive child support from the other parent
- Inherit from the child
Are there any resources available to help parents who are facing termination of parental rights?
Yes, there are a number of resources available to help parents who are facing TPR. These resources include:
- The Texas Department of Family and Protective Services (DFPS)
- Licensed child-placing agencies
- Private attorneys such as Lundberg Law
These resources can provide parents with information about the TPR process, legal assistance, and other support services.
If you are a parent who is either seeking or facing termination of parental rights, it is important to seek legal advice as soon as possible. We here at Lundberg Law can help you understand your rights and options, and represent you in court.
Click here to schedule a free consultation or call us at 972-775-3500.
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