When Can a
Father’s Rights
Be Terminated?

When Can a Father’s Rights Be Terminated?

Termination of parental rights is when a legal court order is signed to end the parent-child relationship, thus ending any rights the parent has to a child, such as a requirement to pay child support, have custody of the child, and make important decisions in the child’s life.

Parental rights termination can be voluntary or involuntary. Voluntary termination is when a parent recognizes they cannot properly care for the child and surrenders their rights to the child. Voluntary termination in Texas can only happen when the parent agrees to it and when it is in the child’s best interest. A common example of voluntary termination is the adoption process.

However, there must be a court hearing or an order signed by a Judge before terminating someone’s parental rights. It is not enough to simply voluntarily terminate parental rights to avoid paying child support or other responsibilities to your child. The final decision lies with a family court Judge in Texas. The Judge will consider the parent-child relationship, the child’s age, and the reasons for the termination of parental rights.

Can My Parental Rights be Terminated if Another Man is the Father?

The Texas Family Code provides that a man can file for termination of parental rights if they signed an Acknowledgement of Paternity or became the presumed father without getting genetic testing, and later discovered that they are not the child’s father, even if their name is on the child’s birth certificate.

The man making the petition to terminate their parental rights must prove that they are not the child’s genetic father and that they failed to contest their parentage because of a mistaken belief that they were the parent. They must also show that they believed they were the parent because of misrepresentations made to them, which may have been from the child’s mother or the child’s guardian.

However, a father cannot terminate their parental rights in these circumstances if they are the adoptive father of the child or the child was conceived through assisted reproduction and the man consented to this process. The court will also consider what is in the child’s best interests when deciding whether to terminate parental rights.

How To Terminate Parental Rights in Texas

Parental rights can only be terminated in Texas through a court order. There are several steps involved in the termination process and it can be quite complex. It is best to enlist the services of an experienced family law attorney to help you with this process, as any mistake could be harmful to you and your child.

The steps involved in the termination process include:

1. File a petition to terminate parental rights with the court.
2. Serve notice to the other parent. The parent reserves the right to contest the petition and argue against evidence brought against them.
3. Attend a court hearing where the Judge will examine all the evidence and consider what is in the best interests of the child.
4. Get a court order terminating parental rights.

If you have been served notice to have your father’s rights terminated, contact an experienced attorney immediately. The onus is on the petitioner to provide clear and convincing evidence that your parental rights should be relinquished. If they cannot prove this, you may retain your rights to your child. However, you will need the help of a skilled attorney.