Legal Question in Family Law in Texas
What if the home study was never performed in a termination of parental rights case? Is that like a failure in procedure? Also, has anyone ever been able to sue for irreparable (emotional, etc.) damages to a child that have incurred by a termination case because the child is told a birth parent is their parent and then not their parent, on and on ad nauseum most of their growing up life?
Thank you so much. I've been needing to ask this for a long time.
1 Answer from Attorneys
The home study is not required by the statute, so not having one probably does not introduce a reversible flaw in the process.
In terms of emotional damage, you are asking whether a suit for the negligent or deliberate infliction of emotional damage can be maintained against somebody. Probably not, in this case. It horrible what emotional strain people can be put through without having any legal recourse, but it is a sad fact of Texas law. HOWEVER, if you are serious about such a suit, you should consult with a personal injury attorney and see if you can interest them in your case.
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