Terminating Parental Rights

It’s a Dirty Deed

Any time I discuss the topic of terminating parental rights, many people become visibly uncomfortable. 

Some see it as a dirty job because they envision a parent getting out of their parental duties scot-free.  However, sometimes it is a necessary stepping stone to strengthen a family bond.

How it Strengthens the Family Bond

With the current marriage failure rate hovering right around 50%, it is no surprise that many step-parents are developing close bonds with their step-children, especially when the non-custodial parent is less than ambitious in their duties.  When you cross over into deadbeat parent territory (haven’t seen or communicated with the child in years) then terminating their rights and pursing an adoption may help to strengthen that familial bond.

Not all terminations of parental rights are done with the thought of immediately pursuing an adoption.  Sometimes parental rights are terminated just because it is best for the child.

Two Ways to Terminate Parental Rights

Everything we do is “in the best interest of the child,” and sometimes it is in the child’s best interests to have their parent’s rights terminated.  These usually stem from some incident or ongoing behavior.  Their rights can be terminated Voluntarily or Involuntarily.

Voluntary Termination of Parental Rights

By far the simplest method of terminating the parent-child relationship is when the parent does so voluntarily.  I won’t go in depth of why a parent would do this, but I’ve seen instances where they do it because they know the child is better off or when they know that their rights are going to be terminated involuntarily anyway and they want to save everyone the trouble.

Parents seeking this route will sign a document called a Mother’s/Father’s Affidavit for Voluntary Relinquishment of Parental Rights.  In Texas, this document is about 6 pages long and contains many provisions that are required by law.  It must be acknowledged by two witnesses and signed in front of a Notary Public.

Involuntary Termination of Parental Rights

This method is usually the messiest and the costliest of the two.  An involuntary termination requires a hearing before a judge and/or jury where the Petitioner has to prove the Grounds for termination and that it is in the best interest of the child to terminate rights.

The Family Code provides a laundry list of grounds that would support termination, such as: abandoning the child without providing adequate support, knowingly placing the child in danger, abandoning the pregnant mother, and many others. (Fam. Code § 161.001)

If you are considering attempting an involuntary termination, I HIGHLY recommend that you speak with your attorney and weigh all of your options instead of trying it alone.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

I Want a Divorce!

Same Sad Story

You know the routine.  You and your spouse begin bickering over something minor.  It’s stupid really (volume of the TV, dishes, etc.) but it opens the floodgates and the real fight is on.

This is the fight that has been brewing under the surface like magma waiting for a volcano to lose it’s top.  Statistically, your fight will involve money.

Someone’s ego gets hurt and in that moment of pain, they blurt out, “I Want a Divorce!”  Words like that can’t be taken back like a bell can’t be unrung.

Now What?

This is the fork in the road where you both either take some time to cool down and realize how stupid the fight was in the first place, or you realize that your marriage has been in serious trouble for awhile now and you’ve both been afraid to admit it.

Sometimes, at this point the couple begins a frank discussion about the best way to get divorced in the same manner that a CEO would discuss selling a branch of the company.  In these potential divorce discussions, there is a common thread of matters to be considered.

Considerations in Preparing for Divorce

A divorce effectively takes one home and divides it into two.  Everything should be considered for division if anticipating a divorce, (retirement benefits, alimony, health insurance, etc.) but there are a few things that need extra consideration.

These considerations can be listed under three categories: Children, Finances, and Property.

Property

You need to grab a sheet of paper (yes they still make the stuff) and draw a line right down the middle; one side for each of you.  At the top, write “Separate Property” and list the things that you and your spouse owned before marriage, gifts, inheritance, etc.  These things aren’t to be considered for division, but what isn’t Separate is Community Property and divided.

Children

Everyone’s first instinct is to demand custody of the children.  Unfortunately, some parents vie for custody simply as a bargaining chip to use against the other parent.  Discard any thoughts about what you want and spend your time discussing what’s best for them.

Finances

Dividing the finances (debt, savings, income) is usually quite tricky because very often there is only one spouse is working. In your discussions, consider dividing things fairly instead of dividing them equally. 

If after all of this you still want a divorce, now you’re ready to talk with an attorney.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com