Parental Rights

Texas Supreme Court Reverses Parental Termination Judgment on Procedural Grounds

July 5, 2022 | by Robert Guest

It has been said that the termination of a natural parent’s parental rights is akin to “the death penalty” of child welfare cases. When the Texas Department of Family and Protective Services makes the decision that it is in a child’s best interest to terminate the rights of a natural parent, the proceedings are often taken as a last resort. Because the rights involved are so important and fundamental, the DFPS must follow strict procedural guidelines when pursuing a termination case. The Texas Supreme Court recently addressed a natural father’s appeal from a ruling terminating his parental rights.

According to the facts discussed in the recently published appellate opinion, the Texas DFPS had sought to terminate a man’s parental rights over his son. The man and the child’s mother were married in 2016 and the child was born in 2017. The mother had a history of drug problems and appeared to expose the child to drugs before and after her pregnancy. In a different proceeding, the mother’s parental rights were terminated for her failure to abide by a safety plan enacted by the DFPS.

In the instant case, the DFPS alleged that the man did not have a safe home for his son to live in with him. Additionally, the DFPS was concerned about the man’s continued contact with the child’s mother, and his minimization of her drug and behavioral issues. The father proposed that he and his son could move in with a family member, however, the plans were not guaranteed, and the DFPS continued to pursue termination proceedings. At trial, a jury found that terminating the father’s parental rights was in the best interest of the child, in part because the father knowingly allowed the child to be endangered by the mother’s drug abuse.

Texas Supreme Court Affirms Termination of Father’s Parental Rights

February 15, 2022 | by Robert Guest

The State of Texas has an interest in the welfare of children living in the state. When there are accusations that a child is being abused or neglected, the Texas Department of Family and Protective Services (the Department) may get involved to protect endangered children. If a Department investigation finds that a child is at risk of abuse or neglect, custody of the child may be taken from the parent or parents and placed in the temporary custody of a relative or other responsible adult.

When child welfare proceedings are initiated by the Department, parents are given a safety plan outlining what needs to be done to safely return the child to their custody. If a parent substantially and repeatedly fails to uphold their end of a Department service plan, the Department may seek to terminate that parent’s parental rights, paving the way for the child to be adopted by another family that can safely care for them. The Texas Supreme Court recently addressed a Texas Court of Appeals decision that had ordered a new trial after a man’s parental rights had been terminated.

The parent in the recently decided case was brought to the attention of the Texas Department of Family and Protective Services when an anonymous source reported that he and the child’s mother had hurt the child. An agent from the Department visited the parents’ home and noted that the child was bruised. Later, test results showed that the child had a measurable amount of cocaine and methamphetamine in her system. As a result of this, an emergency custody order was made and the child was placed in the care of a relative. In order to regain custody of the child, the father was placed on a safety plan that required him to submit to drug and alcohol testing and seek psychological care. Because the father failed to meet the requirements of the service plan, the Department initiated termination proceedings.

New Kaufman County Coronavirus Family Law Custody Order

March 25, 2020 | by Robert Guest

Courts are working to head off problems with custody orders caused by the Coronavirus. If you have a custody order you must keep up with these orders, since they apply to you. The most recent order on family cases in Kaufman County is from March 25th.

Standing Order Governing Possession and Access During the Shelter in Place Order of Kaufman County Judge Signed March 24, 2020

For all cases arising from the Family Law Courts of Kaufman County, the Court ORDERS that:

I’m a grandparent, can I sue for visitation of my grandchild?

January 31, 2017 | by Guest and Gray Law Firm

Can I ask a Texas Court for visitation rights for my grandchild?

Texas allows grandparents to gain court-ordered visitation of grandchildren in very limited circumstances. The reason that the statute allowing grandparent visitation is so limited is because the United States Supreme Court has decided that parents having the ability to make decisions about raising their children is a fundamental right that should not be interfered with by courts. Basically, in the United States we want parents to be able to decide whether their kids get to see their grandparents or not even if the parents don’t seem to have a great reason for keeping their kids away from their grandparents. A parent’s right to decide how their kids are raised is more important under the law than a grandparent’s desire to see their grandchildren.

How does Grandparent visitation work in Texas?

Can a parent lose custody of their children if they use meth?

February 17, 2015 | by Guest and Gray Law Firm

Usually, it is in the best interest of a child to live with their parent. This is not always the case though, and there are times that a court may need to terminate the rights of a parent. The court will terminate a parent-child relationship if it finds it to be in the best interest of the child and if the parent committed one or more of the statutory acts set out in Texas Family Code 161.001. Abuse and neglect will not always be the only reasons that a parent’s rights have been terminated. Instead, each case that is brought before the court will be determined on a fact based analysis considered by several factors.

How does the court determine the best interest of the child?

In 1976 the court came up with several factors that determine the best interest of the child in Holley v. Adams, and are now termed the Holley factors. These factors include 1) the desires of the child; 2) the emotional and physical needs of the child now and in the future; 3) the emotional and physical danger to the child now and in the future; 4) the parental abilities of the person seeking custody; 5) the programs available to assist the person seeking custody in promoting the best interest of the child; 6) plans for the child by the person seeking custody; 7) the stability of the home or proposed placement; 8) the acts or omissions of the parent that may indicate the parent-child relationship is not a proper one; and 9) any excuse for the acts or omissions of the parent. Not all of the factors listed above will apply to each case brought before the court. The court will use the factors on a case-by-case basis to decide if termination of the parent’s rights is in the child’s best interest.

Post-Majority Expenses/Support—You May Have an Order, But Is It Enforceable?

February 25, 2014 | by Guest and Gray Law Firm

You have a pending case involving a child (divorce, SAPCR, modification) and child support has been established. However, like most parents you are concerned about the future—what happens when the children go to college, how will I afford their expenses then? Most people say that you can “save the child support” but that is not ideal. Children are expensive and it is highly likely that you will spend all of the child support and then some with all of the things that come up throughout their lives until they turn 18 or graduate from high school. Child support ends on “removal of the child’s disabilities for general purposes, the marriage or death of a child, or a finding by the court that the child is 18 years of age or older and is no longer enrolled in high school or a high-school equivalent program.” In the Interest of W.R.B. and B.K.B., Children. So, what are your options to ensure that your children can get a college education and have support from the other parent?

This issue is addressed in In the Interest of W.R.B. and B.K.B., Children from the 5^th District Court of Appeals in Dallas. There, the Dallas Court of Appeals addressed the issue of post-majority support which is defined as applying “only to a non-disabled child who is 18 years of age or older and is no longer enrolled in high school or a high-school equivalent program” Tex. Fam. Code Section 154.001(a). Therefore, this creates or allows for a specific scenario in which the other parent would still be required to make support payments. In this case, the Court held that the trial court cannot order post-majority support on its own volition but the parties can agree to post-majority support in writing. In the agreed modification orders, the parties had done just that. Therefore, the Court of Appeals held that it was proper for the trial court to render the order of post-majority support. However, the issue then became that the obligor parent stopped paying the post-majority expenses and so the recipient or obligee parent filed an enforcement action seeking reimbursement of all of the expenses, attorneys’ fees and interest.

The Dallas Court of Appeals held that for post-majority support, this is after the child ages out and was based purely upon the parties’ agreement and so therefore it is not enforceable in a family law court under the Texas Family Code. Rather, the proper avenue is breach of contract. This is because the agreed orders, with respect to the post-majority support, are considered a contract because it is an agreement of the parties not based upon legal authority. This is unlike the issue of child support that was ordered which remains enforceable even post-aging out of the children because the Court still maintains jurisdiction over that issue as it was awarded under the family code.

What is the difference between an alleged and presumed father?

December 26, 2013 | by Guest and Gray Law Firm

You may not think that this distinction is important, but in the world of family law it is imperative that you understand the difference. It could be the difference between you actually being the father of a child in the eyes of the law as well as differing burdens of how to overcome that label if you are not the child’s biological father. In fact, if you are in the middle of a divorce or a suit affecting the parent child relationship, knowing your definitions is crucial when it comes to duties to support children and your rights to visiting those children.

Texas Family Code Section 101.0015 defines alleged father as a man who “alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.” So, if you think that you are the father of a child but it has not been concluded by court ordered genetic testing—then you are an alleged father. We see this type of scenario come up in situations such as cases involving the Attorney General’s Office of Texas. If a woman petitions the Attorney General’s Office for child support, then that agency will file a lawsuit and have all of the alleged fathers served. It is then your duty to ask for genetic testing if there is any doubt in your mind about whether or not you are the father. Once genetic testing is completed and paternity is established, you then become an adjudicated father. Adjudicated father is defined in Texas Family Code Section 160.102(1) as a man who is determined to be the father of a child by the Court. Therefore, once your paternity is established by results of genetic testing then the Court will name you as the father and proceed forward with child support, visitation, etc.

In contrast, Texas Family Code Section 160.204 defines a presumed father as follows:

What is the duty to report child abuse/neglect in Texas?

December 26, 2013 | by Guest and Gray Law Firm

Many parents, grandparents, and even professionals do not fully understand their duty to report child abuse let alone the consequences for their failure to report. But what about such duty to report of just an ordinary person? That is right; ANYONE who has knowledge or reason to believe that a child is being abused in any way must report it to the appropriate agency. That agency would be the Texas Department of Family and Protective Services, your local law enforcement and even your local district attorney’s office. The family code does not exclude anyone in the duty to report. Examples of professionals would be teachers, attorneys, doctors, nurses, and daycare employees.

Chapter 261 of the Texas Family Code encompasses the duty to report, definitions, etc. Once you have determined what abuse or neglect means in Texas, and you know a child who is being subjected to such acts, you must report it. Unfortunately, many of the cases we see are children being sexually or physically abused. Once you learn of this abuse, what do you need to do?

Texas Family Code Section 261.101 legislates and defines those who are required to report as follows:

What are the Holiday Child Possession and Visitation Schedules in Texas?

December 10, 2013 | by Guest and Gray Law Firm

In Texas, if the child custody visitation schedules are court-ordered they are typically either standard possession or expanded standard possession (alternate beginning and ending times). One parent will have the exclusive right to designate the child’s primary residence and then the non-primary parent has the visitation schedule. In contrast to the school year, summer and spring break visitation schedule, the holiday visitation schedule is regardless of distance between the parents’ residences and most courts only focus on Thanksgiving, Christmas, Mother’s Day and Father’s Day. However, additional holidays can be requested and ordered such as Easter, Halloween, etc.

In custody orders, holidays are divided out as even and odd years. So, if you are the primary parent you typically have odd Christmas and even Thanksgiving. A parent will not have the same year for both holidays. Because Christmas falls in an odd year this year, the primary parent would have possession of the child from the day the child is released from school until December 28 at noon. Texas Family Code Section 153.314 specifically sets out the language for the court orders and is follows:

Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE PARENTS RESIDE APART. The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

What is a right of first refusal?

November 4, 2013 | by Guest and Gray Law Firm

Are you involved in a divorce or child custody suit and you are concerned that your ex constantly leaves your child with strangers or a relative? Then the right of first refusal might be the answer to your concern. The questions then arise as to how it works and would it be best for your child.

If you or your ex are in possession of your child and you are going to be absent for a certain period of time, then you must first call the other parent before you can leave your child with another relative, babysitter, etc. This provision is a mutual agreement between the parties that if you or your ex are not going to be present after a certain number of hours (can range from 2, 4, 5, etc.) then you agree that the other parent can have possession of the child during your absence. As you can imagine, this provision has both negative and positive aspects.

For instance, you know that if your ex is going to be absent during their scheduled period of possession more than 3 hours then you have the first opportunity to take possession of the child during their absence. This allows for additional time with a parent who may have only a standard possession schedule which reinforces Texas’ public policy of frequent and continuing contact between both parents. After all, who would want a babysitter to watch their child if you know the other parent is available? Would you not want your child to have some extra time with the other parent? Maybe, maybe not. You definitely need to discuss the pros and cons with your attorney.