Legal Question in Family Law in Texas

Termination of Parental Rights

I am not sure if my attorney is giving me the best advise. I have sole managing conservetorship of my two children, (ages 4 & 6). My Ex-wife has drug issues and has no visitation by the court order. She is currently in jail on charges of Burglary of a Building & Unauthorized use of a motor vehicle awaiting trial in two different counties. I want to terminate her parental rights so that she can not just pop-up in 5 or 6 years and request modification.

My attorney says I don't need to do anything but I'm not sure if this is sound advise.

My concern is the children have made the adjustment to life without mom and I don't want to drag them through the trauma of her taking me to court to seek visitation. What should I do?


Asked on 12/21/05, 10:19 am

3 Answers from Attorneys
TC Langford Langford Law Office

Re: Termination of Parental Rights

Your attorney may very well be giving you good advice, HOWEVER, this is your life and your kids, and you need to make your decisions based upon what you know and what is best for your future. Your attorney may be trying to save you money, inasmuch as it is unlikely that she is going to turn her life around and convince a judge that she would be a good mother. BUT stranger things have happened. Talk to your lawyer, and the decision is always yours. TCL

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Answered on 12/21/05, 10:39 am
James Grissom Law Office of James P. Grissom

Re: Termination of Parental Rights

I can't tell from your facts, but it appears that you have grounds for termination in the law if that is what you want to do.

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Answered on 12/21/05, 10:50 am
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Termination of Parental Rights

In my opinion, the facts you stated do not raise to the level that you can terminate her rights to the children. Her possession and access has already stopped. In the counties I practice they will often not terminate the rights just the access. Listen to your attorney because he/she knows the facts, the court, and the possibility of you winning a very expensive fight.

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Answered on 12/21/05, 3:14 pm


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