Termination of Rights Lawyer in San Antonio Helping You Get the Results You Deserve
Terminating parental rights in Texas requires filing a lawsuit and proving the requirements set out in the Texas Family Code (chapter 161). If you are pursuing an involuntary termination of parental rights, you will have to work very hard to prove one or more reasons set out in the Texas Family Code and that terminating the parental rights is in the best interests of the child. If the other parent has voluntarily agreed to terminate his or her own rights then you still have to prove it is in the best interest of your child. This is usually an expensive case and there is no guarantee that the court will agree to terminate the other parent’s rights. You may spend thousands of dollars and then still get a “No” when you go before the Judge.
What is a Termination of Rights?
Terminating parental rights in Texas is the legal process of severing the legal relationship between a parent and child. Once severed, it cannot be restored by that parent again (unless termination was done erroneously). The rights that can be terminated include:
- Parental Rights to Visitation
- Possession and Access to Child’s Legal Records
- Child Support Payments
- Right of Decision-Making for Child’s Education
- Right of Decision-Making for Child’s Religious Matters
- Right to Receive Information About Child(ren)
- Spousal Support or Maintenance (if the termination involves a parent’s new spouse)
- Any other right that exists between parents and children, whether created by legislative enactment or court order
If you are facing an involuntary termination case, the first step is to file a Petition with the Court typically after there has been some sort of abuse or neglect that points to a parent not being fit to be around your child anymore.
In general, by terminating the other parent’s parental rights, you will become your child’s sole custodian and guardian and your child will only have contact with you. We can help you even if a parent has voluntarily requested their parental rights terminated.
Why Would I File a Termination of Parental Rights?
The courts are hesitant to terminate a parent’s rights because it means the child will only have one parent providing support. They worry that the state will end up supporting the child and remaining parent due to the lack of funds. When terminating rights, keep in mind that this also terminates child support obligations.
Judges will usually only grant a termination of rights in three situations.
- The termination is involuntary. The risk to the child of a continued legal relationship between the parent and child is so dangerous that the risk of a continued relationship outweighs the risk that the child will not be adequately supported by a single parent.
- The other parent is absent and there is a need for the state to manage the affairs of the child. (This is rare and typically only happens in CPS cases where both parents are a danger to the child.)
- The termination of parental rights makes way for adoption where a second parent will be able to provide support for the child.
Don’t forget, terminating a parent’s rights terminates all child support. This is not only lost financial support for your child, but also health care expenses. If the parent ordered to pay child support is not paying child support, then you should speak to an attorney about enforcing the child support order.
How Can a Family Law Attorney Help Me?
A family law attorney can help you with a termination of rights case.
First, a family law attorney will tell you if this is something that should be pursued or not. Every case is different and there are exceptions to every rule. You should have an attorney understand your specific circumstances before filing anything so that you don’t waste time and money on a fruitless endeavor.
Second, a family law attorney can walk you through what evidence needs to be gathered for the petition and other documents related to your case. It will save you from being unprepared when meeting with the judge and trying to get up to speed quickly without any assistance.
Third, a family law attorney can inform you of what to expect and when to expect it. This is because every case has its own unique circumstances and timeline which should be discussed with an experienced family lawyer who knows how your court works and the judges that will be hearing your case. All of this will help to ensure that you are prepared for each step in the process while minimizing any surprises along the way.
Fourth, if there is contested litigation involved, then an experienced family law attorney will know how to best advocate on your behalf so that everything goes smoothly during settlement negotiations or at trial – increasing your chances of getting exactly what you want without having to go through a long and costly battle with someone else’s lawyer.
Finally, a family law attorney knows their way around the legal system. This means they know how to get things done quickly and efficiently without wasting time participating in unnecessary formalities or other activities that do nothing for your case.
Don’t wait; start protecting yourself today by contacting an experienced San Antonio family law attorney who can guide you through this process.
Should I Hire a Termination of Parental Rights Lawyer?
A strong parent-child relationship is important but it is also important to consider the child’s best interests. Hiring a family law attorney can help you with your termination of parental rights case.
A termination of parental rights case can be a very trying time for the family involved, especially when there are children involved. It involves many different moving parts and problems that must be addressed in order to ensure that everyone is treated fairly under the law. When this happens, it is typically best to hire an attorney because they specialize in this area of law and can help you navigate through your particular situation more easily than someone without experience would be able to do on their own. Once you understand why hiring a lawyer is important, it will make sense as to why you should contact us today at (210) 775-0353.