When your child’s welfare is at stake, it’s only natural to want to take matters into your own hands to ensure their safety. For many families, this is true even when the “threat” is the other parent. Perhaps the wheels of justice are moving slower than you would like, and you are concerned about repeated substance abuse. Maybe it’s a domestic violence issue or a matter involving sexual misconduct. Regardless, you’re at your wit’s end and wonder aloud, “Can I terminate my ex-spouse’s parental rights?”
The quick answer is yes and no, and we’ll dive into this in today’s blog post. The first thing to realize is that terminating parental rights is not the same as losing custody. It’s a rare process where the legal parent-child relationship is permanently severed, and by following through with this process, you or your ex-spouse would no longer be the child’s legal parent.
Any parental rights they had would vanish. It’s a serious legal matter that a family court takes very seriously.
Can I Take Matters Into My Own Hands and Sever Their Parental Rights?
Again, yes and no. The Texas Family Code states that a parent, a person with court-ordered access or visitation, a foster parent or prospective adoptive parent, managing conservators, The Department of Family and Protective Services, or a licensed child-placement agency can formally petition to have a parent’s parental rights removed.
The keyword here is “petition.” You can want to terminate their parental rights all you want, but this is not a decision that’s left solely in your hands. In Texas, parental rights can only be removed by a court order, and the judge hearing the petition must have clear and convincing evidence that it is in the child’s best interests.
In other words, dissatisfaction with your ex-spouse’s parenting decisions, lifestyle, or roller-coaster co-parenting relationship with you will not be enough to terminate their rights.
Examples of what could lead to terminating parenting rights include:
- Abandonment
- Child abuse
- Substance abuse
- Mental health issues
- Criminal behavior
- Consensual termination
Any petition to terminate parental rights must meet strict legal requirements and be supported by verifiable evidence. This is a serious decision that permanently alters the parent-child relationship. That said, there is so much more to this conversation. We invite you to consult with our family attorneys to discuss your situation.
Our firm anchors its representation and legal advice on the long-term best interests of children and families. Although difficult, our attorneys are committed to supporting and guiding clients through the dark days of marital discord and crisis.
Please Call Christman | Daniell for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell is your premier choice. With years of experience and a deep understanding of the legal landscape, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Collin County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell believe in tailoring legal advice and solutions to your circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
