Legal Question in Family Law in Texas

Termination of Parental Rights

If a party has agreed that terminating parental rights is in the best interest of the child, can either parent file the suit? Also, is having an attorney necessary to file this suit or can the parties involved handle it without one?


Asked on 2/18/09, 3:59 pm

4 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Termination of Parental Rights

Most Courts will not grant a termination of parental rights unless there is a new step-parent ready to step into the picture and adopt the child. Otherwise,absent a clearly abusive or dangerous situation, how can it ever be in the child's best interest to grant termination. Contact me directly if you care to discuss these matters further.

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Answered on 2/19/09, 2:59 pm
Bruce Zivley Bruce C. Zivley, Attorney at Law

Re: Termination of Parental Rights

Most Courts will not grant a termination of parental rights unless there is a new step-parent ready to step into the picture and adopt the child. Otherwise,absent a clearly abusive or dangerous situation, how can it ever be in the child's best interest to grant termination. Contact me directly if you care to discuss these matters further.

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Answered on 2/19/09, 2:59 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Termination of Parental Rights

It doesn't matter what the parties agree is in the best interest of the child when it comes to termination of parental rights. What matters is what the Judge decides is in the best interest of the child, and after reviewing the entire situation the Judge may or may not agree with your assessment.

If you understand Texas law and court procedures and know what you need to file and who to serve and can handle the hearings and trial, you can file this yourself. If not, I would suggest hiring a good family law attorney.

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Answered on 2/18/09, 4:35 pm
James Grissom Law Office of James P. Grissom

Re: Termination of Parental Rights

What is in the best interest of the child is a decision the judge makes. Terminating parental rights is much more serious than many people seem to think and it is not normally done jusst because somebody says they do not want to be part of a child's life.

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Answered on 2/18/09, 4:35 pm


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