How Are Parental Rights Terminated in Texas?

The termination of parental rights is one of the most serious actions a Texas court can take. Whether voluntary or involuntary, the legal process permanently severs the legal relationship between a parent and child, extinguishing rights to custody, visitation, and even contact.

If you’re facing, or considering, the termination of parental rights in Texas, here’s what you need to know.

What Does Termination of Parental Rights Mean?

Termination means that a parent no longer has any legal rights or responsibilities for their child. This includes:

• No right to custody or visitation

• No right to make decisions about the child’s upbringing

• No obligation to pay child support (although back support may still be owed)

• No legal status as the child’s parent

Once rights are terminated, the relationship is legally equivalent to that of a stranger, and the decision is generally final.

Two Types of Termination in Texas

In Texas, the law recognizes two distinct paths for terminating parental rights: voluntary and involuntary. While the end result is the same as a complete severing of the legal parent-child relationship, the reasons and processes behind each type differ significantly. Whether a parent willingly gives up their rights or the court steps in due to serious concerns; both types of termination involve court oversight and must meet strict legal standards. 

Here's how each works.

1. Voluntary Termination

This occurs when a parent chooses to relinquish their rights. Common scenarios include:

• A biological parent agrees to terminate rights so a stepparent can adopt the child

• A parent recognizes they are unable to care for the child and voluntarily gives up rights

Even in voluntary cases, a judge must approve the termination and determine that it is in the best interest of the child.

2. Involuntary Termination

This is when the court terminates a parent’s rights without their consent, usually at the request of the other parent, a guardian, the Texas Department of Family and Protective Services (DFPS), or a court-appointed attorney for the child.

Grounds for involuntary termination include:

• Abuse or neglect

• Abandonment

• Failure to support the child financially or emotionally

• Criminal behavior (such as incarceration or endangerment)

• Substance abuse

• Endangering the physical or emotional well-being of the child

• A pattern of dangerous or unstable behavior

Texas Family Code § 161.001 outlines the legal grounds the court must find before terminating rights.

The Legal Standard: “Clear and Convincing Evidence”

Texas courts require clear and convincing evidence to terminate parental rights; which is a higher standard than most civil cases. It must also be shown that termination is in the best interest of the child.

This two-part assessment ensures that termination is not taken lightly and protects both the child and the constitutional rights of the parent.

The Termination Process in Texas

Terminating parental rights in Texas is a multi-step legal process that demands careful review, due process, and judicial oversight. Whether the case is voluntary or involuntary, the court will closely examine the facts to determine whether termination is justified and in the child’s best interest. 

Here’s an overview of how the process typically unfolds.

Filing a Petition
A petition to terminate parental rights is filed in family court by DFPS, the other parent, a guardian, or another party with standing.

Court Hearings
The court will review evidence, hear testimony, and may appoint a guardian ad litem or attorney ad litem to represent the child’s interests.

Trial
If the case is contested, it may go to trial. The court must find sufficient evidence to meet legal grounds and support the child’s best interests.

Final Order
If termination is granted, the judge will sign a final order. This is a permanent and serious legal decision.

Can Parental Rights Be Reinstated?

In most cases, termination is final and rights cannot be reinstated. Only in very rare and specific circumstances (often involving DFPS and ongoing conservatorship of the child) might reinstatement be considered.

When Should You Speak With a Family Law Attorney?

Whether you're trying to protect a child from harm or facing termination yourself, this process involves both significant legal complexity and emotional strain. You need to understand your rights and what’s at stake.

At LDG PLLC, we represent parents and guardians on both sides of parental rights cases. We help families navigate one of the most serious matters in family law with clarity, compassion, and strong legal advocacy.

Protect Your Rights. Protect Your Child.

Termination of parental rights may be necessary in some cases, but it should never be approached without a full understanding of the consequences. If you're involved in a case involving parental rights, contact LDG PLLC to get the experienced guidance you need.