One of the most emotionally charged subjects in Texas family law is parental rights termination. When a court considers terminating the parental rights of a parent it does so only after a great deal of consideration. The idea of severing a parent’s relationship with their child is perhaps the most significant decision that a court can make. With that in mind, courts have several different factors which it use to aid in the decision-making process.
Are you a parent who is going through a parental rights termination case? If so, then today’s blog post from the Law Office of Bryan Fagan is for you. Today, we will discuss these factors in greater detail. The idea of losing your parental rights is an intimidating circumstance. When your parental rights are terminated it means that you lose all decision-making capability relating to your child. With such significant consequences, a parental rights termination case requires careful thinking and planning.
Any questions you have that are related to this subject can be addressed to the attorneys with the Law Office of Bryan Fagan. Our experienced family law attorneys offer free of charge consultations six days per week. These consultations are a great way to learn more about the relevant factors in a termination case. Additionally, the attorneys with the Law Office of Bryan Fagan serve clients in child custody and divorce cases.
Involuntary and voluntary parental rights termination cases
When it comes to parental rights termination cases there are two types in Texas. The first is an involuntary parental rights termination case. In an involuntary parental rights termination case, someone other than you has filed a motion with the court to terminate your parental rights. As the name “involuntary” would suggest, an involuntary parental rights termination case goes against your wishes. As in, the case has been involuntarily filed relative to what you want to see happen.
The other type of parental rights termination case is a voluntary termination. This is one where you have either filed the motion yourself or have consented to the termination. Agreeing to have your parental rights terminated typically involves adverse circumstances that you can see impact your child negatively. You may have a history of drug or alcohol abuse which has led CPS to become involved. The reasons why families may consent to a termination of parental rights cases are varied.
In any event, when you find yourself in a position where a CPS case is filed you need representation. The consequences of a parental rights termination case are significant. This is not a situation where you want to take any chances with the outcome. Working with an attorney at the Law Office of Bryan Fagan provides you with an experienced representative. Our attorneys understand the complexities and emotionally charged nature of a termination case. We take seriously the responsibility to serve our clients and their children.
The best interest of the child standard in parental rights termination cases
Whether yours is an involuntary or voluntary parental rights termination case, the most essential factor for the court to consider is the best interest of your child. This factor seeks to determine the subject of termination of parental rights from the child’s perspective. Their health, physical well-being, educational outlook, and other considerations will be given. What is your aptitude as a parent? This is an important factor that the court will look into, as well. Have you displayed an ability to care for your child?
The best interest of the child standard is deployed in any family law case in Texas involving children. How will this standard impact you and your family? For starters, the court wants to be able to look at a case using a firm set of criteria. A parental rights termination case must be considered using a wide range of factors. That way a court can look at multiple circumstances involving your child. It will not just be an issue that occurred in the past few weeks which determines whether your parental rights are terminated. Rather, a court attempts to look at the circumstance as comprehensively as possible.
For some parents, one of the most difficult aspects of this conversation is needing to examine this circumstance based on the perspective of their child. Sometimes as parents, we can confuse a situation. Meaning that we can look at it from our perspective rather than from the perspective of our child. In some situations, what is in our own best interests may not be what is in our child’s best interests. This is why some courts will appoint a guardian or attorney ad litem to assist in the decision-making process.
Do you have a history of abuse or neglect?
Another factor that a court will look to when determining whether to terminate your parental rights is concerning if there is a history of abuse or neglect in your home. Your history with Child Protective Services is relevant. Child Protective Services is the state agency in Texas that investigates allegations of abuse or neglect of children. The agency has an anonymous hotline which can be dialed to provide them with information regarding potential acts of abuse or neglect. The agency will then be able to investigate potential acts of abuse or neglect.
The outcome of any past involvement you have with CPS is critical in a termination of parental rights case. For instance, suppose that a CPS case had been opened but resulted in no finding of abuse or neglect being made. In that situation, past involvement with CPS may not matter all that much in your case. Oftentimes CPS will receive bad information leading to an investigation. Or an investigation may be had which resulted in no finding.
However, sometimes CPS investigations do result in findings made against you. Consider that CPS may investigate which results in the finding of abuse or neglect. This does not mean that your child will need to be removed from your house. It also does not guarantee a termination of your parental rights in that instance. However, it can be used as evidence relating to your fitness as a parent. That fitness certainly becomes another factor in your parental rights termination case. If this is where you find yourself consider contacting an experienced family law attorney to assist you moving forward.
Your criminal history as a part of a parental rights termination case
Let’s consider a situation involving a former client of the Law Office of Bryan Fagan. This former client and her ex-husband were involved in a child custody case. This custody case arose out of a scary situation involving her ex-husband and their child. The ex-husband had been dealing with an addiction to alcohol that our client had no idea about. Visitation and possession orders were being followed by both parents. In short, our client had no idea about the alcohol addiction. The child in question was only three years old so she had no real way of telling her mom about anything she was observing in the father’s home.
With that said, our client began to worry when her daughter was not dropped off at home at the usual time on a Sunday evening. She had called her ex-husband multiple times to see where he was both calls were going to voicemail. She was startled to receive a phone call alright just after 6:00 PM on a Sunday to tell her that her daughter was safe with law enforcement. Her ex-husband had been arrested for drunk driving. What makes the situation even scarier is that the child was in the vehicle with him.
Immediately, our client rushed to the scene of the arrest. She picked up the child and took her home. Fortunately, their daughter was uninjured and unaffected by the drunk driving. She was asleep in the back seat. With that said the actions of the ex-husband were certainly dangerous and put the life of the child at risk. Our client immediately filed a modification case seeking to restrict the ex-husband’s contact with their child. Above all else, the safety of the child was what mattered in this situation.
Does a criminal history mean that your parental rights can be terminated?
It is not necessarily the case that an arrest or even a longer criminal history will mean that your parental rights are going to be terminated. The criminal history is part of the circumstances that a court would consider. However, relatively minor infractions which occurred years ago will not always lead to a termination of your parental rights.
In the above situation, the circumstances are different. The father in the situation involving drunk driving just did something illegal. Not only that, but he also involved his child directly. She was inside of the vehicle and very easily could have been injured or worse in that situation. This is a crime that reflects poor judgment to the utmost. As a result, this may matter more than a lot of circumstances.
What should this tell you? Again, every situation is different. A criminal history can be something that leads to your termination of parental rights. It all depends upon the specific crime and its proximity to the termination case. If you have a criminal history, then that means you need to work with an experienced family law attorney. Hanging in the balance is your relationship with your child. Taking advantage of every opportunity you must build a relationship with your child means so much. Don’t let your criminal history negate any chance you have of retaining your parental rights.
A parent’s efforts to change after an unfavorable criminal outcome
Let’s look at the situation involving the drunk-driving father from his perspective. He has some options after the arrest takes place. Once all the legal matters Involving the drunk driving arrest just sorted out this man has an opportunity to address many of the issues that he has. These issues are related to his behavior and attitude towards being a father.
If you have a legal history, then working with an experienced criminal law attorney can make a tremendous difference for you. There may be steps you can take to either clear your record of any criminal history or at least minimize the impact for you long term. Being able to make sure that you can work consistently can be a challenge with a criminal history.
Next, you need to be able to address the issue of your potential termination of parental rights. Parental rights termination cases are serious matters. There is quite a bit you can do to combat these types of circumstances involving your criminal past. It requires you to speak to your attorney frankly, however. Hiding anything from your attorney can result in especially bad outcomes. Here is another example of why it is so important for you to be honest with your attorney so that he or she can help you in a situation involving the potential termination of your parental rights.
Parental rights termination cases and honesty with your attorney
Consider the following situation and how it could impact your case. At an initial meeting with your attorney at the Law Office of Bryan Fagan, your attorney will ask you questions about your case. Most of these questions have to do with goal setting and informing the attorney of the basic circumstances of your life. However, the attorney will also inquire about your less-than-favorable facts and circumstances. The reality is that families like yours almost always have something unpleasant about them in their past.
This could be a compromising or unpleasant photo on social media. Or it could be something more serious like a drunk driving conviction or deferred adjudication. In any event, this is the type of information that your attorney needs to know about. If you cannot be honest with your attorney about this information you need to think again. Hiding information like this is a surefire way to put yourself at a major disadvantage.
Think about when you were a child. Your parents always asked you to tell them about any potential situation that was harmful to you. The reason for this was that by telling your parent about the situation, he or she could help you along the way. Although your attorney is not your parent, he or she is still capable of helping you in your adult life. Your attorney can help you prepare your case despite negative facts and circumstances involving a criminal history. You need to be able to feel comfortable with sharing this information, first. From there, your attorney and you can figure out a strategy that is geared towards helping your case.
Termination of parental rights cases- where to find help?
Parental rights termination cases are stressful situations to find yourself in. Even though a court will not terminate your parental rights without giving the situation a detailed look that does not mean you can count on a favorable outcome. Rather, you need to prepare diligently for any number of outcomes related to the case. Certainly, you should seek representation and prepare as if your relationship with your child is at stake.
Your history as a parent matters in a parental rights termination case. Courts make decisions regarding parental rights based on several factors. These factors will be based almost entirely on your history as a parent. With that said, a court does care about your ability to look forward and make changes that are positive in your life and that of your child. If you do have a criminal history now is a great time to begin addressing any problems you have had in the world of parenting.
Texas family law attorneys have a unique perspective in cases like these. Our attorneys at the Law Office of Bryan Fagan know just how important it is for you to have a relationship with your child. This goes beyond anything legal. This relationship is the foundation of your life and your child’s life. Not wanting to take anything for granted means seeking out the best help you can get. This help can come from your support system as well as an experienced family law attorney.
Contact the Law Office of Bryan Fagan today
Thank you for joining us today on the blog for the Law Office of Bryan Fagan. We know that this is a stressful time in your life. However, you can make a tremendous difference in the life of your child. This begins with choosing an attorney who has your best interests at the heart of everything we do as a law office.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
