Articles Posted in Termination

Understanding the standards used to make a decision when a CPS termination has been started can be crucial. Whether you are attempting to adopt through foster care or you are facing a termination hearing yourself, understanding the way the judge is going to make their decision is very important. Many people have misconceptions about the rights a parent has to their children and, for a variety of reasons, many people have a mistrust of the legal system when it comes to deciding where a child should live and who should have the right to see a child.

Depending on who you talk to, some people feel that courts are too quick to take children away and it also seems that an equal amount of people feel that courts take too long to terminate parental rights. The Texas legislature has attempted to strike a balance in the standards used to make decisions in a termination hearing between these two complaints. This blog post is going to attempt to break down the often complicated standards used when a judge is faced with the task of deciding whether or not to terminate parental rights.

What standard is used in a termination hearing?

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.

New 2013 Texas Family Laws

 At Guest and Gray our Forney and Rockwall Family team works to keep our clients informed on changes in the Family Code. Recently, the legislature passed many new laws that affects Texas families. Our family attorney can help you understand how these laws will affect your case, and we offer confidential consultation for all family law cases. Call us today so we can help you.

Miscellaneous Changes

The involuntary termination of parental rights implicates fundamental constitutional rights. Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985). To terminate parental rights, the trier of fact must find, by clear and convincing evidence, that the parent has committed one of the acts prohibited under section 161.001(1) of the Texas Family Code and that termination of parental rights is in the child’s best

interest. TEX. FAM.CODE ANN. § 161.001(1), (2) (West Supp. 2012); In re E.N.C., 384 S.W.3d

796, 803 (Tex. 2012).