Termination of Parental Rights: Legal Grounds and the Court’s Perspective
June 10, 2025
The termination of parental rights (TPR) is a profound legal action that severs the legal relationship between a parent and their child. In Texas, this process is governed by the Texas Family Code, specifically Section 161.001, which outlines the grounds and procedures for involuntary termination.
Moving through child custody and parental rights is a challenging time, and understanding the court’s perspective is crucial for those taking their case to court. At Sinclair Law Group PC, located in Fourney, Texas, we provide guidance on divorce and family law.
Here, we’ll discuss the legal grounds for TPR in Texas, the court's perspective, and the broader implications for families and children.
Legal Grounds for Termination of Parental Rights in Texas
Under Texas Family Code § 161.001, the state can seek to terminate parental rights involuntarily if clear and convincing evidence supports specific statutory grounds. These grounds are categorized into two primary elements: parental misconduct and the child's best interest.
Parental Misconduct
The court may terminate parental rights if it finds that the parent has engaged in certain behaviors, including:
Abandonment or constructive abandonment: If a child has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services (DFPS) for not less than six months, and the parent hasn’t regularly visited or maintained significant contact with the child, and has demonstrated an inability to provide the child with a safe environment, termination may be warranted.
Failure to comply with court orders: If a parent fails to comply with provisions of a court order that specifically established actions necessary to obtain the return of the child, and the child has been in DFPS's conservatorship for not less than nine months due to abuse or neglect, termination can be considered.
Use of controlled substances: If a parent uses controlled substances in a manner that endangers the health or safety of the child, and fails to complete a court-ordered substance abuse treatment program, or continues to abuse controlled substances after completing such a program, termination may be appropriate.
Criminal conduct: If a parent knowingly engages in criminal conduct that has resulted in the parent's conviction or placement on community supervision for offenses such as sexual assault or online solicitation of a minor, termination is a possible outcome.
These grounds, alongside the child's best interest, form the basis for judicial decisions regarding the termination of parental rights due to parental misconduct in Texas.
Child's Best Interest
Even if a parent hasn’t engaged in the misconduct outlined above, the court must also determine that termination is in the child's best interest. This is a separate and independent ground for TPR. The Texas Supreme Court, in Holley v. Adams, established factors to guide courts in assessing the child's best interest, including:
The child's emotional and physical needs now and in the future.
The emotional and physical danger to the child now and in the future.
The parental abilities of the individuals seeking custody.
The programs available to assist these individuals promote the best interests of the child.
The plans for the child are made by these individuals or by the agency seeking custody.
The stability of the home or proposed placement.
The acts or omissions of the parent may indicate that the existing parent-child relationship isn’t a proper one.
Any excuse for the acts or omissions of the parent.
These factors require a holistic view of the child's well-being and the parent's ability to provide a safe and nurturing environment.
The Court's Perspective and Decision-Making Process
Texas courts approach TPR cases with a heightened level of scrutiny due to the constitutional rights involved. The standard of proof is "clear and convincing evidence," which is higher than the "preponderance of the evidence" standard used in most civil cases but lower than the "beyond a reasonable doubt" standard in criminal cases.
Judges consider a variety of factors when determining whether to terminate parental rights:
Consistency and stability: Courts assess whether the parent can provide a stable environment for the child. Frequent job changes, unstable housing, or erratic behavior can raise concerns. A child thrives in a routine that includes consistent schooling, healthcare, and emotional support.
Impact on the child: The potential emotional and psychological impact on the child is a critical component in the court's decision. Judges must consider how terminating parental rights will affect the child, both short-term and long-term. Will removing the parent lead to a better outcome for the child, or will it cause more harm? This factor requires judges to balance the need for protection with the emotional consequences of separation.
Parental efforts and rehabilitation: Courts examine whether the parent has made efforts to rehabilitate and address the issues that led to the child's removal. Completion of court-ordered services, such as substance abuse treatment or parenting classes, can demonstrate a commitment to change. However, past misconduct remains a significant factor, and judges will consider whether the parent has shown sustained improvement.
Ultimately, the court's decision in TPR cases hinges on a careful evaluation of parental capacity, the child's needs, and the potential for a safe and nurturing future.
Procedural Aspects of Termination
The process for involuntary termination of parental rights involves several key steps:
Petition filing: A petition for termination can be filed by DFPS, a relative, or an interested party. The petition must allege specific grounds for termination and include supporting evidence.
Adversary hearing: Within 14 days of the petition being filed, an adversary hearing is held to determine whether the parent should be appointed counsel and to address temporary conservatorship of the child.
Service plan: If DFPS is involved, a service plan is developed outlining the steps the parent must take to regain custody of the child. This plan may include drug testing, parenting classes, or mental health evaluations.
Termination hearing: A full hearing is held where both parties present evidence and testimony. The court evaluates whether the statutory grounds for termination are met and whether termination is in the child's best interest.
Final order: If the court finds by clear and convincing evidence that termination is warranted, it issues a final order terminating parental rights. This order severs all legal rights and duties between the parent and child, except the child's right to inherit from the parent unless the court provides otherwise.
These procedural steps underscore the gravity and due process involved in the involuntary termination of parental rights in Texas.
Reinstatement of Parental Rights
In certain circumstances, a parent whose rights have been involuntarily terminated may seek reinstatement. Under Texas Family Code § 161.302, a petition for reinstatement can be filed if:
At least two years have passed since the termination order was issued.
The child hasn’t been adopted.
The child isn’t the subject of an adoption placement agreement.
The parent has demonstrated a change in circumstances, such as completing rehabilitation programs or maintaining stable employment.
The court will assess whether reinstatement is in the child's best interest, considering factors similar to those in the original termination proceedings.
Implications and Considerations
The decision to terminate parental rights isn’t taken lightly. It has profound and lasting implications for both the parent and the child. For parents, it represents the loss of legal authority and responsibility over their child's upbringing.
For children, it can mean the end of a relationship with their biological parent and the beginning of a new chapter in foster care or adoption.
The process aims to balance the rights of parents with the best interests of children. While parents have a constitutional right to raise their children, that right isn’t absolute. When a parent’s conduct places the child at risk—whether through neglect, abuse, abandonment, or continued substance use—the state has both the authority and responsibility to intervene.
Voluntary Termination of Parental Rights
Not all terminations are involuntary. In some cases, a parent may petition the court to voluntarily relinquish their parental rights. This typically occurs when:
A parent recognizes they can’t provide adequate care.
A stepparent adoption is pending, and the biological parent agrees to terminate their rights.
The parent is incarcerated or otherwise unavailable to care for the child for a prolonged period.
Voluntary termination also requires court approval and must be in the best interest of the child. Courts scrutinize these requests carefully to make sure they aren’t being made for improper reasons, such as to avoid child support obligations.
The process of terminating parental rights requires clear statutory grounds, compelling evidence, and a judicial finding that termination is in the child’s best interest.
Courts must carefully consider the totality of circumstances, including the child’s emotional and physical needs, the parent’s capacity for change, and the potential for safe, stable alternatives. While Texas law provides robust procedures to confirm fairness and protect constitutional rights, ongoing reforms and judicial discretion are essential to improve outcomes.
By investing in family preservation services, supporting kinship care, and applying the best interest standard with compassion and nuance, the Texas court system can more effectively serve the intricate needs of children and families facing termination proceedings.
Contact Us Today
Termination of parental rights in Texas is a legal mechanism designed to protect vulnerable children, but it also carries serious, lifelong consequences. Sinclair Law Group PC serves clients in Kaufman County, Rockwall County, and Dallas County, and we’re prepared to guide you through your divorce and family law cases. Contact us for a consultation today.