Skillern Firm Divorce & Child Custody Lawyers: Assisting Texas Citizens in Parental Rights Cases
Skillern Firm Divorce & Child Custody Lawyers, a trusted legal institution in Texas, has been providing adept assistance in parental rights cases for over 12 years. Our team comprises highly experienced attorneys who possess the requisite expertise to guide you through the intricacies of family law and clarify your rights and responsibilities as a parent.
Having successfully handled numerous cases similar to yours, our lawyers possess the necessary skills and experience to secure a favorable outcome in your specific situation. We understand that legal matters involving children are often emotionally challenging, and we are committed to offering top-tier legal services to support you in every possible way.
Notably, three of our attorneys hold the prestigious Board Certification in Family Law conferred by the Texas Board of Legal Specialization—an accolade bestowed upon only 1% of family attorneys in Texas. Safeguarding your future, protecting your legal rights, and promoting your best interests are our paramount concerns.
To schedule a consultation with one of our experienced parental rights attorneys, please contact our law firm today at (832) 688-6606.
Establishing Paternity in Texas
To obtain fathers’ rights in Texas, establishing paternity is crucial. If you are married to the child’s mother at the time of birth, this automatically grants you parental rights. However, if you are not married to the mother when the child is born, or if more than 301 days have elapsed since the termination of the marriage, you must independently establish paternity.
Various methods exist for establishing paternity, including being recognized as the presumed father, filing an Acknowledgment of Paternity (AOP), or initiating a paternity suit.
Presumed Father
A presumed father is an individual deemed to be the biological father of a child. According to Texas law, a presumed father possesses the same rights as a legal father, regardless of whether they are listed on the child’s birth certificate. Paternity may be presumed under the following circumstances:
The man is married to the mother at the time of the child’s birth.
The man was married to the mother, and the child was born before the 301st day following the termination of the marriage.
The man resided with the child during the initial two years of the child’s life and represented the child as his own.
The man made a valid attempt to marry the mother in compliance with Texas laws, and assumed the role of the child’s father, either through an Acknowledgment of Paternity (AOP) or continuous cohabitation during the first two years of the child’s life.
Acknowledgment of Paternity (AOP)
If you are not married to the mother when your child is born, signing an Acknowledgment of Paternity (AOP) form is necessary to establish your legal rights as the father. This legally binding document solidifies your parental rights and requires the signatures of both the mother and the father.
Typically, the AOP is signed shortly after the child’s birth in the hospital, and subsequently submitted to the Texas Vital Statistics Unit. Once both parents have signed and submitted the AOP, the father is bestowed with legal parental rights.
Paternity Test
If the mother refuses to sign an Acknowledgment of Paternity (AOP) form, initiating a paternity suit in court might be necessary to establish your parental rights. In such cases, the court may order a DNA test to determine the biological relationship between you and the child. If the test confirms your biological connection, the judge will issue a court order officially establishing your parental rights.
Parental Rights in Texas:
In Texas, both mothers and fathers possess certain parental rights and responsibilities that are legally protected. These rights, regardless of gender, encompass the following areas:
Child Custody
Parents have the right to seek custody of their children, which encompasses both physical and legal custody. This allows parents to pursue either sole or joint custody arrangements, depending on the circumstances.
Visitation
Parents who are not the custodial or primary caregivers of the child have visitation rights, enabling them to spend time with their child and partake in their lives. Standard visitation orders typically involve weekends on the first, third, and fifth weeks of each month.
Decision-Making
Parents possess the right to make important decisions regarding various aspects of their children’s lives, including education, medical care, and religious upbringing.
Inheritance
Parents also enjoy inheritance rights with regard to their children, ensuring that any assets or property they possess will automatically pass down to their children in the event of their demise.
The exercise of these rights varies depending on the individual circumstances. For instance, a father residing out of state may have limited visitation opportunities, while another father may be highly involved in his child’s life. Moreover, parents bear the financial responsibility of providing support for their children’s education, shelter, food, healthcare, and daily expenses.
Termination of Parental Rights
Termination of parental rights occurs when one or both parents voluntarily surrender their legal responsibilities and rights towards their child, effectively severing the parent-child relationship. Such a termination necessitates a court order, which can only be obtained after filing a petition and receiving the judge’s opinion. A parent cannot unilaterally terminate their parental rights without seeking legal recourse.
Voluntary Termination of Parental Rights
Voluntary termination occurs when a parent willingly surrenders their rights and responsibilities, thereby forfeiting their involvement in their child’s life. Typically, a judge will only allow voluntary termination if both parents consent and it is deemedto be in the child’s best interests.
The court takes into account the parent-child relationship, the reasons for termination, and the child’s age. Adoption is the most common scenario where voluntary termination takes place, as the biological parent voluntarily relinquishes their rights to allow the adoptive parent to assume responsibility. Consent from both parents is generally required for adoption, except in cases involving legal grounds like child abuse or abandonment.
Involuntary Termination of Parental Rights
Parental rights can also be terminated involuntarily when the parent does not consent but the court deems it necessary for the best interests of the child. Establishing involuntary termination requires a high burden of proof, as the courts generally favor maintaining a parental relationship.
In Texas, the standard of proof is clear and convincing evidence. The petitioner, who could be a legal guardian, the custodial parent, a family member with access rights, a potential adoptive parent, or a guardian ad litem, must provide substantial and convincing evidence to support the termination.
There are several grounds for involuntary termination of parental rights, including failure to support the child, abandonment, abuse or neglect, criminal conduct, mental illness, and substance abuse.
Can a Father Terminate Parental Rights Without the Mother’s Consent?
In Texas, there are specific circumstances in which a father may terminate his parental rights without the mother’s consent. While voluntary termination generally requires the agreement of both parents, exceptions can be made in cases involving abuse, neglect, abandonment, substance abuse, or the father’s unfitness as a parent. Some instances where a father’s parental rights can be terminated without the mother’s consent include:
Mistaken Paternity
If a father signed an Acknowledgment of Paternity (AOP) or was presumed to be the father based on misrepresentations by the mother, but later discovered he is not the biological father, he may terminate his parental rights without the mother’s consent. It’s important to note that this rule does not apply in adoption or assisted reproduction cases.
Voluntary Termination
Although both parents are typically required to consent to voluntary termination, a father can file a petition to terminate his rights. The court may grant the termination if it determines it to be in the child’s best interests. Clear and convincing evidence must be presented to establish the father’s unfitness as a parent, such as substance abuse or neglect.
Adoption
If a father has not established paternity or a parental relationship, his consent may not be necessary for adoption. However, if the father has established his parental rights through financial support or other means, his consent is generally required for the adoption process.
It’s important to note that voluntary termination without the mother’s consent is limited to specific circumstances, and the court’s primary consideration is the best interests of the child. In situations where a father wishes to terminate his parental rights, seeking legal advice is strongly recommended. The court generally upholds the importance of having both parents involved in a child’s life, unless there are substantial reasons to conclude otherwise.
How to Terminate Parental Rights
To terminate parental rights in Texas, valid legal grounds must be established. This can include situations deemed to be in the best interests of the child, adoption, mistaken paternity, or involuntary termination based on abuse or neglect. The process of terminating parental rights is complex, and it is advisable to engage the services of an experienced attorney. The steps involved in terminating parental rights include:
Petition
The initial step is filing a petition to terminate parental rights with the court. The petition must be supported by clear and convincing evidence.
Serve Notice
Notice must be served to the other parent and any other relevant parties. They have the right to contest the petition and respond to the accusations.
Investigation:
Depending on the circumstances, the court may order an investigation into the child’s life, including interviews with involved parties and possibly involving Child Protective Services.
Court Hearing
A court hearing will be scheduled to hear arguments from both parties and review the evidence presented in the case.
Decision
The judge will make a decision based on the evidence and the best interests of the child. The child’s well-being takes precedence in all termination cases.
If a father intends to terminate his parental rights without the mother’s consent, seeking legal advice is strongly recommended. There are limited circumstances where the law allows voluntary termination without the other parent’s consent, and it is crucial to understand the legal implications beforehand.
Limitations on Terminating Parental Rights
While termination of parental rights can be pursued at any time after the child’s birth in most cases, there are specific time limitations to consider, especially in cases of mistaken paternity. Understanding these limitations is essential when petitioning for relinquishing parental rights. The limitations include:
Mistaken Paternity Cases
If a father discovers he is not the biological father of the child after being misled by the mother, he has a two-year window to terminate his parental rights. The two-year period starts from the moment he becomes aware or has reasonable grounds to believe he is not the father.
Foster Parent Cases
If a foster parent had possession of the child for at least twelve months, they have a ninety-day timeframe after the termination of possession to file a termination case.
Do I Need to Hire a Family Law Attorney?
The termination of parental rights carries significant and lasting consequences. By relinquishing parental rights, a person loses the ability to participate in their child’s life, seek custody or visitation, and make decisions regarding the child’s well-being. Before making any decisions concerning parental rights, it is crucial to consult with an experienced attorney who specializes in family law.
An attorney can provide advice on your specific situation, guide you through the legal process, and ensure that your rights and best interests are protected. Whether you believe you are unfit to care for your child, there is mistaken paternity, or you are considering adoption, an experienced family law attorney will offer valuable assistance.
They can inform you about your legal options, conduct necessary investigations, and build a robust case to support your petition. Throughout the proceedings, an attorney will protect your rights and interests. If you are a mother and the father of your children is attempting to terminate his rights without your consent, an attorney will help you advocate for his legal obligations. It is crucial to maintain the presence of both parents in a child’s upbringing, provided there is no abuse or neglect.
A father cannot evade his legal responsibilities by signing away his parental rights unilaterally. An attorney will ensure that this does not occur in your case.
