It sometimes becomes necessary to terminate parental rights in the best interest of a child. It is often done to facilitate an adoption that is being processed with the assistance of an adoption attorney. Terminating parental rights can also requested for the protection of a child or another similar reason. Whatever situation may require such action, it is a process that requires the help of an attorney familiar with family law. The termination of parental rights is often a very emotional procedure, especially it is involuntarily to restrict access to a child.
What Are Parental Rights?
Parental rights are the legal rights held by the parents of a child to make decisions and be responsible for that child. Married couples who are the biological parents have joint parental rights that remain in effect, even after divorce. If a custodial parent remarries, attorneys experienced with adoption procedures advise their clients that a parent can petition the court to allow the new spouse to adopt the involved child and gain parental rights. If a non-custodial parent is not willing to give up his or her rights as a parent, it is up to the court to decide what is best for the involved child.
Voluntary Termination of Parental Rights
In the state of Texas, parental rights may be voluntarily terminated under certain circumstances through a court order. An attorney who handles adoption proceedings points out that there are a number of reasons why a parent may voluntarily give up their parental rights, including: paternity test findings showing they are not actually the biological parent; a request by the new spouse of a custodial parent to obtain parental rights through legal adoption; lack of interest or involvement in the parenting of a child; and various other reasons.
Involuntary Termination of Parental Rights
A lawyer who handles family law matters, including adoption, notes that there are times when parental rights can be revoked from one or both parents without their express consent or against their will, if it is deemed to be in the best interest of the child. This can happen when a parent cannot be located; if one parent wishes to raise the child alone for safety reasons; or if family members wish to remove a child from a dangerous home situation.
The courts will consider requests for the termination of parental rights that are made by acceptable individuals in situations deemed to be detrimental to the child. These circumstances include situations where: a parent is found to have abandoned the child (or a pregnant mother) without returning; a parent knowingly places a child in any type of dangerous situation; a parent fails to provide adequate care for an extended length of time; or a parent is convicted of a serious crime. Parents may also face involuntary termination of parental rights if their child is placed with Child Protective Services (CPS) in response to neglect, abuse, illicit drug use, or other types of endangerment to the child.
The termination of parental rights in Texas is an important issue that may be done to facilitate an adoption or to protect a child thought to be in danger of abuse, neglect, or any similar reason. It is important for any parent to understand their parental rights under these circumstances. Parents with questions about their parental rights should consult an experienced family law attorney to learn more about the process involved and how to seek the best outcome for an affected child.
Foreman Family Law
307 South Main Street, Suite 201
Bryan TX 77803
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