Termination of Parental Rights in Texas: Legal Grounds

|

The termination of parental rights is one of the most serious and permanent actions a Texas court can take. It severs the legal relationship between a parent and child—ending all rights, responsibilities, and obligations. Because the stakes are so high, Texas law allows termination only under specific circumstances and with clear legal justification.

At Haugen Law Firm, P.C. we guide clients through these complex and emotionally charged cases with clarity, care, and a deep understanding of Texas Family Law.

What Does Termination of Parental Rights Mean?

Termination of parental rights legally ends the relationship between a parent and their child. This includes the loss of:

  • Custody and visitation rights
  • The ability to make decisions for the child
  • The right to inherit from the child or pass inheritance
  • Obligation to pay child support (in future, not retroactively)
  • Any legal standing as the child’s parent

Once terminated, these rights cannot be reinstated, except in very rare circumstances.

Who Can File for Termination?

A petition to terminate parental rights may be filed by:

  • The other parent
  • A grandparent or relative
  • The Texas Department of Family and Protective Services (DFPS)
  • A legal guardian
  • The child’s managing conservator
  • The child’s attorney ad litem (in DFPS cases)

Courts take these petitions seriously and review each case based on facts, evidence, and what’s in the best interest of the child.

Grounds for Involuntary Termination in Texas

Texas Family Code §161.001 outlines more than 20 legal grounds under which a court can terminate parental rights. Common reasons include:

1. Abandonment

The parent has left the child without expressing intent to return or support the child.

2. Neglect or Abuse

The parent has knowingly placed or allowed the child in conditions that endangered their physical or emotional well-being.

3. Endangerment

Repeated exposure to harmful environments—such as drug abuse, violence, or unsafe living conditions.

4. Failure to Support

The parent has failed to provide financial support for a specific time period (typically 1 year) despite being able to do so.

5. Failure to Maintain Contact

The parent has not visited or maintained contact with the child for at least 6 months.

6. Criminal Conviction

A parent is convicted of a serious crime, such as murder, sexual assault, or injury to a child.

7. Substance Abuse

Ongoing drug or alcohol use that affects the parent’s ability to care for the child safely.

8. Parental Rights Terminated to Other Children

The parent has had rights terminated for another child due to similar behavior or abuse.

9. Failure to Complete Court-Ordered Services

The parent failed to follow through with a court-approved service plan after CPS intervention.

10. Voluntary Relinquishment

The parent signs an affidavit voluntarily giving up their rights.

Note: the Court may terminate on these grounds, but it is not guaranteed.

Voluntary vs. Involuntary Termination

Voluntary Termination: A parent may choose to give up their rights, often as part of an adoption or custody arrangement. This still requires court approval and proof that it serves the child’s best interest.

Involuntary Termination: Initiated by another party, such as DFPS or the other parent, and must be proven in court with clear and convincing evidence.

The “Best Interest of the Child” Standard

Even if legal grounds for termination are proven, the court must also determine that ending the parent-child relationship is in the child’s best interest. This may involve factors such as:

  • The child’s physical and emotional needs
  • The presence (or absence) of a stable home
  • The child’s bond with the parent
  • Past history of abuse or neglect
  • The parent’s willingness and ability to change

What Happens After Termination?

Once rights are terminated:

  • The parent no longer has legal access or duties
  • The child may be placed for adoption (if applicable)
  • The child may be assigned a new managing conservator
  • Past-due child support may still be enforced, but future payments usually end

Termination is a permanent decision—courts are extremely cautious and the process is not taken lightly.

Protect Your Rights or Your Child’s Future

Whether you’re seeking to terminate parental rights for safety reasons or defending yourself against termination, legal representation is crucial. These cases are fact-intensive and emotionally charged, with a lasting impact on families.

At Haugen Law Firm, P.C. we represent both petitioners and respondents in termination cases. Our experienced attorneys provide honest advice, skilled representation, and compassionate support throughout the process.

Schedule a Consultation With Haugen Law Firm, P.C.

At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today! 

Categories: