Parents can undergo Colleyville TX involuntary termination of parental rights if certain fundamental rights and obligations in the parent-child relationship have not been met. Both parents are automatically allowed to make choices regarding schooling, faith, health care, and other critical issues for the child. However, if anyone breaks the law or if the father refuses to claim paternity, a judge will strip the rights from a parent. A parent can also terminate certain privileges on a voluntary arrangement. The termination of parental rights ends the legal relationship between parent and child.
Colleyville TX Involuntary Termination of Parental Rights
The reasons for Colleyville, TX involuntary termination of parental rights are specific situations under which the child can not return to their parent’s home due to the risk of harm by the parent or the parent’s failure to meet the essential needs of the child. However, every state must determine the statutory grounds, and these differ by state. Every state has its statute(s) providing for termination of parental rights. The most common reasons for a parent’s parental right to be involuntary terminated include convincing evidence of:
- Serious or persistent violence or negligence
- Sexual exploitation or abuse of other children in the household
- Engaged in conduct that can or have harmed their child
- Long-term psychiatric disorder or disability of the parent(s)
- Long-term alcohol use or drug-induced incapacity of the parent(s)
- Decline to support or sustain contact with the child
- Endanger the physical safety of the child
- Death or severe injury to a child that may put their other child(ren) at risk
- Fail to financially support the child
After preponderance of the evidence of such crimes and felonies, a court may enforce grounds for termination of their parental rights. If a parent commits a crime of abuse against their child or another family member, the court has the option of withdrawing their privileges and put the child into protective services. Even if a parent is required to be detained for a time requiring that the child enter foster care as there are no options, the parent may lose parental rights.
If the Colleyville TX involuntary termination of parental rights leaves a child without parents or guardians who are legitimately responsible, the court orders may typically put the child in foster care. It will file a petition under the federal Adoption and Healthy Families Act (ASFA) before a state can take some dramatic measures to put a child in foster care. Nonetheless, under the following situations, you cannot petition if:
- The child has spent 15 of the last 22 months in foster care.
- The court considered the child to be an abandoned baby.
- The parent committed murder or voluntary homicide of another of his or her children.
- The parent was somehow interested in murdering or voluntary homicide of another of his or her children, i.e., aiding, abetting, trying, plotting, or soliciting an act.
- The adult performed a criminal attack that required the child or any of his or her children to sustain severe bodily harm.
Many states have enacted laws allowing for better child protection in the above circumstances, shortening the processing period needed until parental rights can be terminated, and putting the child in foster care. Furthermore, more than half the states do have exceptions to such guidelines, such as when a family provides for the child when the state decides that complete termination of parental rights is not in the best interests of the child.
Child’s Best Interests
Many states consider the best interests of a child during termination proceedings. In other states, statutes use general language mandating that the health and welfare of the child be essential in all cases. In contrast, the legislation of other states list particular factors that must be weighed. Such as the age of the child, the physical, mental, emotional and spiritual well-being; cultural and relationship issues; and the appropriate preferences of the child.
Reinstatement of Parental Rights
Many states will not allow parental rights to be restored once they have been terminated. In such cases, though, such as where the child has not yet been appropriately put in a foster home. The parent will have the option of filing a petition and proving that they are qualified to have a secure and nurturing home.
Voluntary Termination of Parental Rights
Usually, as parents decide to put the child up for adoption, they voluntarily terminate their rights.
When a child’s family cannot care for them responsibly and ensure their safety, and adoption is not plausible at the moment, or not possible, the right remedy is to put them into foster care. Foster care is any placement for a child out of the nuclear family. It can include care in a family, group home, or institutional setting.
Furthermore, the care is for a planned period, either temporary or extended. However, foster care is meant to be a temporary solution. More children are languishing in foster care seeking permanent families. Due to there being a severe lack of foster and adoptive parents. Adoptive placement, by comparison, is a permanent substitution of one household for another.
Common scenarios calling for foster care are:
- Difficult to position: the child is hard to place for adoption. Though due to developmental disabilities, social issues, physical disabilities, or whether the child is older.
- Possible return to natural parents: the biological parents has a fair possibility that he or she will be able to care for the child in the future. Therefore, adoption will be unacceptable regardless of its finality.
States must continue with the termination of parental rights. Whether a child has been in foster care for 15 of the past 22 months. There are only three exceptions to this:
- The child is put in the home of a managing conservatorship (at the approval of the state).
- The state documents is a compelling reason not to file a petition to terminate the parent’s parental rights (TPR).
- The state has not provided or has the services identified in the care plan, which is necessary to make the home safe for the child’s return within the time frame specified in the case plan.
More Questions About Terminating Parental Rights? Talk To Attorney Rashelle Fetty
Should you have concerns regarding your privileges as a parent, about whether to terminate them, now is the time to obtain guidance from a professional legal expert. Find out more today by talking to a family law firm near you.
In extreme situations, it may become necessary to seek Colleyville, TX, involuntary termination of parental rights. In the texas family code, this is a complex process that requires that you file a lawsuit. If you are attempting to terminate the parental rights of your former spouse, it is essential to talk to Colleyville attorneys in family law about parental termination.
Attorney Rashelle Fetty Is Here To Help
The Fetty Firm, Colleyville’s best family attorneys, will advise you on how parental termination cases are handled.
Furthermore, The Fetty Firm, Colleyville’s family law attorneys, will educate you on how to handle cases, including parental termination. Rashelle Fetty is a successful family law attorney in Colleyville. Furthermore, Rashelle is represents people in all cases and for all sorts of legal requirements such as spousal, child custody, and child support.
Rashelle serves you as you hire The Fetty Firm, P.C. Clients are her priority, and our clients in Tarrant county will notice the difference that personal attention provides. The parental termination process is an incredibly stressful experience, and you should consult with an attorney. Feel free to contact Rashelle Fetty at (214) 546-5746 and learn how to go through the process of Colleyville TX involuntary termination of parental rights.
Fun Facts About Colleyville, Texas
- 14 miles from Fort Worth
- Colleyville Library is full service
- Incorporated in 1956
- Learn more about Colleyville here!