Termination Suits (Part II)
To round out our blog conversation on a court’s decision to terminate the parent-child relationship, I think it’s important to discuss certain situations where the court may permit a parent whose parental rights have been terminated to have contact with their child.
Again, the primary goal of a termination suit is to remove a child from a situation where they are being abused, neglected, abandoned or endangered by one or both parents. But it can also be appropriate if and when a parent voluntarily wishes to relinquish their rights – such as in a case where the parent gives the child up for adoption.
If this is the case, and the biological parent has filed an affidavit of voluntary relinquishment, the court can give that parent limited contact with the child after their rights have been terminated.
To do so, the following must be true:
- The biological parent has filed a voluntary relinquishment of parental rights.
- The court finds that post-termination contact is in the child’s best interest.
- The biological parent who filed the affidavit and DFPS (Department of Family and Protective Services) have agreed to post-termination contact.
Another way post-termination contact may be granted is if an acknowledged or adjudicated father’s parental rights are terminated for mistaken paternity under the Texas Family Code.
To do so, the following must be true:
- The acknowledged or adjudicated father requested post-termination possession and access before his rights were officially terminated.
- The court finds that denying the father’s post-termination possession and access will significantly impair the child’s physical health or emotional well-being.
Remember from our previous blog, a suit terminating the parent-child relationship is considered an SAPCR and can be brought by either a private individual or a child-placement agency before or after the child is born.
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Source: Nelson Law Group