Terminating the Parent-Child Relationship – Inability to care for child – In a previous blog, we discussed the occasional need for a court of law to step in and sever a parent-child relationship. This can happen for a variety of reasons, but mostly it is done if there is a legitimate concern that the child is being abused, neglected, or endangered by a parent.
Many times, the parent(s) isn’t intentionally endangering their child but readily admits they are unable to care for the child because of their own physical or mental problems. That is the focus of today’s blog post.
Per the Texas Family Code, a court may order that a child is removed from the custody of his or her parents if:
- The parent has been deemed (by clear and convincing evidence) to be emotionally or mentally ill, and this illness is keeping them from properly caring for their child.
- The temporary or primary caregiver has been the DFPS for at least the six months leading into the termination hearing.
- The DFPS has tried to reunite the parent and child.
- The termination suit is in the best interest of the child.
A suit requesting to terminate the parent-child relationship for any reason can be brought by either an individual or a child-placement agency before or after a child is born, per the Texas Family Code.
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Source: Nelson Law Group