Termination of Parental Rights

Michelle May O'Neil and Nathan Anderson

Termination of parental rights is an extremely serious matter. The Texas Family Code specifies only limited situations where termination of parental rights is available against the parent's will, such as when a parent engages in conduct that is harmful to the physical or emotional well being of the child. Any termination must also be in the best interests of the child.

In addition to conduct placing the child's physical or emotional well being in danger, termination is also available if the parent has failed to support the child according to his ability for a period of one year within the six months preceding the termination suit; or if the parent knowingly engaged in criminal conduct that resulted in the parent's imprisonment and inability to care for the child for more than two years.

A parent may agree to his or her rights being terminated under some circumstances. However, bear in mind that many judges will not allow a voluntary termination of parental rights unless there is another parent willing to adopt and support the child. Judges greatly disfavor termination of parental rights if the judge has reason to believe the parent is terminating to avoid paying child support.

As a general rule, when parental rights are terminated the former parent no longer has a duty to support the child. The termination does not, however, absolve the former parent's liability for child support arrearages that accrued prior to the termination.