The other parent is a deadbeat..Can I terminate his/her parental rights?

November 9, 2016

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Involuntary Termination

Sometimes a parent does things that may seriously jeopardize the emotional and physical well being of a child. In these situations, the other parent may feel hopeless and stressed. On one hand, the good parent wants his/her child to have a meaningful relationship with the other parent; on the other hand, spending time with the other parent could mean being at risk and a dangerous lifestyle for the child. Although the A.T. Law Office supports the union of a family and strongly recommends for both parents to stay in the child’s life, we also support the emotional and physical well being of the child. The most important issue is whether our children are safe and healthy.

The good news is that under certain circumstances, a court can terminate a parent’s rights as the father or mother of the child without the parent’s consent. First, the court must believe that it would be in the best interest of the child for a parent’s parental rights to be terminated. Second, the parent whose rights are being terminated must have done one of the following:

(A)  voluntarily left the child alone or in the possession of another not the parent and expressed an intent not to return;

(B)  voluntarily left the 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 remained away for a period of at least three months;

(C)  voluntarily left the child alone or in the possession of another without providing adequate support of the child and remained away for a period of at least six months;

(D)  knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child;

(E)  engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child;

(F)  failed to support the child in accordance with the parent’s ability during a period of one year ending within six months of the date of the filing of the petition;

(G)  abandoned the child without identifying the child or furnishing means of identification, and the child’s identity cannot be ascertained by the exercise of reasonable diligence;

(H)  voluntarily, and with knowledge of the pregnancy, abandoned the mother of the child beginning at a time during her pregnancy with the child and continuing through the birth, failed to provide adequate support or medical care for the mother during the period of abandonment before the birth of the child, and remained apart from the child or failed to support the child since the birth;

(I)  contumaciously refused to submit to a reasonable and lawful order of a court child abuse investigation under section 261 of the Texas Family Code.

(J)  has caused the child to miss school or taken the child from home without intent to return;

(K)  executed before or after the suit is filed an unrevoked or irrevocable affidavit of relinquishment of parental rights (see our blog regarding relinquishment of parental rights: http://atlawoffice.com/termination-of-parental-rights-what-documents-can-help/);

(L)  been convicted or has been placed on community supervision, including deferred adjudication community supervision, for being criminally responsible for the death or serious injury of a child under the following charges: murder, capital murder, manslaughter, indecency with a child, assault, sexual assault, aggravated assault, aggravated sexual assault, injury to a child, elderly individual, or disabled individual, abandoning or endangering child), prohibited sexual conduct, sexual performance by a child, possession or promotion of child pornography, continuous sexual abuse of young child or children, trafficking, and compelling prostitution;

(M)  had his or her parent-child relationship terminated with respect to another child based on a finding that the child had been placed in dangerous conditions.

(N)  constructively abandoned the child who has been in the permanent or temporary managing conservatorship of CPS, and:

(i)  CPS has made reasonable efforts to return the child to the parent;

(ii)  the parent has not regularly visited or maintained significant contact with the child; and

(iii)  the parent has demonstrated an inability to provide the child with a safe environment;

(O)  failed to comply with the provisions of a court order that specifically established the actions necessary for the parent to obtain the return of the child who has been in the permanent or temporary managing conservatorship of CPS for not less than nine months as a result of the child’s removal from the parent for the abuse or neglect of the child;

(P)  used a controlled substance in a manner that endangered the health or safety of the child, and:

(i)  failed to complete a court-ordered substance abuse treatment program; or

(ii)  after completion of a court-ordered substance abuse treatment program, continued to abuse a controlled substance;

(Q)  knowingly engaged in criminal conduct that has resulted in the parent’s:

(i)  conviction of an offense; and

(ii)  confinement or imprisonment and inability to care for the child for not less than two years from the date of filing the petition;

(R)  been the cause of the child being born addicted to alcohol or a controlled substance, other than a controlled substance legally obtained by prescription;

(S)  voluntarily delivered the child to a designated emergency infant care provider without expressing an intent to return for the child; or

(T)  been convicted of:

(i)  the murder of the other parent;

(ii) attempted murder of the other parent, or;

(iii)  criminal solicitation of capital murder or first degree felony

 

If you have any questions regarding obtaining sole managing conservatorship or sole custody of your child in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.

CALL THE A.T. LAW OFFICE FOR A FREE CONSULTATION:
When faced with a difficult situation such as when your child’s emotional and physical well being at risk, because your ex is a deadbeat parent, you should talk to a knowledgeable parental rights, termination of parentage attorney in Spring, TX, North Houston, Woodlands, Klein, Tomball, Cypress, FM 1960, Galveston, and surrounding areas, call the A.T. Law Firm for a free consultation. We also travel to different counties including but not limited to Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Ford Bend County, Waller County, and Brazoria County. Contact the A.T. Law Office to set up a free consultation.