Legal Question in Family Law in Texas

Involuntary Termination of Parental Rights in Texas

In Texas, can a birth mother involuntarily terminate the birth father's rights? For example, if the father has had no contact with the child since birth, and the child is now 2, can the mother terminate his rights? If so, what is the procedure for terminating his rights? If the father lives in Mexico, but the mother has his contact information, what are his rights? Must he consent?


Asked on 5/14/03, 10:55 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

Re: Involuntary Termination of Parental Rights in Texas

You have asked a complex question. I'm sure you want a yes or no answer but it is not that simple.

I will give you a general answer. However, please be advised that based on a complete assessment of your case, my answer might be somewhat different.

Basically, a person must be notified that there is a legal action to terminate their parental rights. However, if the person cannot be located than an attorney is appointed to attempt to find them and notify them. If the independent attorney is unable to locate the parent, the attorney would report that to the court. Then the court could proceed to terminate parental rights without further notification to the missing parent.

I would not rely on the other parent's willingness to assist in locating the missing parent.

I hope this answer helps.

Good luck!

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 5/15/03, 4:15 pm


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