Legal Question in Family Law in Texas
difference
what is the difference between tremination of parental rights and relinquishing? I am told by the petitioner's (ex husband) attorney in my case that it would be better for me to relinquish rather than for the judge to terminate. because it would be easier for someone else down the road to take my other two children. i think they are just blowing smoke they know that I am currently w/o an attorney and they are trying to take advantage of that.
2 Answers from Attorneys
Re: difference
termination is done by the court. Relinquishment is voluntary. The court might terminate your rights if you haven't been paying child support or seeing your children. The court will determine what is in the best interest of the children. That could possibly be terminating your parental rights. I don't have all the facts to make an opinion on that subject.
Re: difference
Under Texas Family Code Section 161.001, one of the grounds upon which a parent may have his or her parental rights terminated includes the following under paragraph M:
"Had his or her parent-child relationship terminated with respect to another child based on a finding that the parent's conduct was in violation of Paragraph (D) or (E) or substantially equivalent provisions of the law of another state."
The grounds for termination under paragraphs D and E read as follows:
"(D) knowingly placed or knowingly allowed the child to remain in conditions or surroundings which endanger the physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;"
Therefore, if your rights are terminated on one of those grounds, it is possible for your rights to be terminated as to your other children solely on the termination.
Relinquishment of parental rights (voluntary termination), on the other hand, is not a ground for termination of your rights as to other children.
I would highly recommend, however, that you seek legal counsel any way possible. You should start by contacting Legal Aid of Northwest Texas. Their website is www.lanwt.org.