Terminating parental rights is more than just a personal life choice; it is a binding legal determination. It is a permanent decision, and once a judge has entered the order for termination, it cannot be undone. Whether a parent decides to do this voluntarily or a court orders an involuntary termination, the child’s best interests should be at the forefront of this action.
Security, stability, and connection are vital for children, and having grandparents, a stepparent or another loved one step in to care for them can make a substantial difference in their lives.
How are Parental Rights Terminated?
If a parent decides to voluntarily relinquish their rights, they have the option to complete an affidavit and file it with the court. However, this is just a first step in the process and does not serve as the official ruling on the matter. A judge will still need to consider the details of the case to make a decision and enter a final order. It is preferable that the child has capable and willing guardians who can take care of them in the place of their parents, although this is not always possible.
Despite the voluntary designation of relinquishing parental rights, rules and regulations still exist. For example, a biological mother must wait at least 48 hours to complete an affidavit for relinquishment of parental rights. There are also requirements for signing and verifying the document, as well as what needs to be included in it.
The other option is an involuntary termination, which only occurs under extreme circumstances.
What is Involuntary Termination of Parental Rights?
Parental rights can be terminated by the courts in a number of situations, regardless of consent or cooperation from the biological parents. A parent-child relationship may be terminated by court order if the parent leaves the child for at least three months and does not expressly state their intention to return or if they knowingly engage in behaviors that endanger the child or allow others to do so.
These examples are just a small sampling of the conduct that can lead to involuntary termination of parental rights in Texas, and the following are a generalization of behaviors that may lead to termination of parental rights:
– Abandonment;
– Failure to provide financial support;
– Neglect or abuse;
– Allowing a child to stay in an abusive environment; and
– Causing the death or injury of another child.
Ending the parent-child relationship, whether involuntarily or by the parents’ choice, is a precursor to adoption for the child.
Is Termination Required Before Adoption?
The biological parents’ rights must be terminated before a child can be adopted. Often, the order terminating a biological parent’s rights is included in the order granting the adoption. Generally, the rule is that the child must have been living with their new family for at least six months before the adoption can be granted.
Whether you’re just considering the costs of adoption, needing help with beginning the termination and adoption process, or in the final steps of adopting a child, the Fox Firm can help you make your new family official. Reach out to us today to schedule a consultation.