CAN I TERMINATE MY PARENTAL RIGHTS TO MY CHILD IN TEXAS?

Most termination cases in Texas are of the “involuntary” genre.   Essentially,  a parent’s rights to a child are terminated under section 161 of the Texas Family Code if:

  1. A child who is born to a mother who during the pregnancy used a controlled substance, as defined by chapter 481 of the Health and Safety Code, other than a controlled substance legally obtained by prescription, or alcohol.
  2. A parent who voluntarily leaves a child alone or in the possession of another, not the parent and expressed an intent not to return.
  3. A parent who voluntarily leaves a child alone or in the possession of another, not the parent without expressing an intent to return, without providing for the adequate support of the child, and remains away for a period of at least 3 months.
  4. A parent who voluntarily leave a child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least 6 months.
  5. A parent who knowingly places a child or allows a child to remain in conditions or surroundings which will endanger the physical or emotional well-being of the child.
  6. A parent who abandons a child without identifying the child or furnishing means of identification and the child’s identity cannot be ascertained by the exercise of reasonable diligence.

Involuntary termination of the parent-child relationship is totally different than a voluntary termination of the parent’s parental rights. A parent, usually the noncustodial parent, in a situation that justifies to that parent the voluntary termination of his parental rights is a totally different situation. Suffice it to say that a parent wishing to pursue termination of his parental rights for reasons that involve personal and financial reasons is not going to hold legal significance.

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