How to Relinquish Parental Rights in Texas

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.

There are 7 references cited in this article, which can be found at the bottom of the page.

This article has been viewed 114,906 times.

There are many reasons why someone would want to relinquish their parental rights. A non-custodial parent might want to try and get out of paying child support. Also, the custodial parent might want to remarry and have their new spouse adopt the child. This adoption can take place only after the non-custodial parent has relinquished their parental rights. In order to relinquish parental rights, a judge must be convinced that it is in the child’s best interests.

Understanding Parental Rights

• The most frequent reason a judge will terminate parental rights is that there is another person willing to adopt the child, usually the custodial parent’s partner. By giving up your rights, you make way for the other person to adopt the child and become the legal parent.
• Another situation where you can give up your rights is when Child Protective Services (CPS) believes that you are a threat to the custodial parent and child. In that situation, CPS will move to involuntarily terminate your parental rights. [1] X Research source If you agree with CPS that your rights should be terminated, then you could voluntarily relinquish them by not fighting the termination.

Realize that avoiding child support is not a valid reason. Few judges will find that it is in the child’s best interests to have only one means of financial support.< [2] X Research source States are afraid that the child might end up on public assistance if your child support obligations are terminated. Accordingly, few judges will allow you to relinquish your parental rights for this reason. [3] X Research source

Understand the consequences of relinquishing parental rights. Once you relinquish parental rights, you no longer will have a say in how the child is raised, including the child’s education, religious upbringing, or where the child lives. [4] X Research source Although the other parent might agree to allow you to see the child, you are not guaranteed that right as a matter of law.

• However, if the other parent is married to someone who wants to adopt the child, then you should work together on drafting your petition to the court.

• The phone number for the referral service is (800) 252-9690. Someone is available Monday through Friday, 8:30 am to 4:30 pm Central Standard Time.
• Many parents desire to give up parental rights to avoid child support. Since a judge will not terminate your rights for that reason, you should talk over other options with your lawyer. Your lawyer might have creative ideas for temporarily suspending payments or reducing the amount of child support. For example, you can petition the court to reduce the payments until you find a better-paying job.

Filing a Petition with the Court

• The petition to terminate will be included with the petition for the adoption. They will be a joint document. For this reason, you should have the other parent’s attorney draft the petition.
• As the parent hoping to give up their parental rights, you will need to sign an “Affidavit of Relinquishment of Parental Rights.” [6] X Research source You may hire an attorney to draft it for you or you could have the other parent’s lawyer draft it and then look it over with your own attorney.

• your name, county of residence, and age
• the child’s name, age, and birth date
• whether you are currently obligated by court order to make child support payments
• a description of all property owned by the child and its value
• your belief that termination is in the best interests of the child
• the name and county where the other parent resides
• an acknowledgement that you have been informed of parental rights and duties
• whether the relinquishment is revocable and the timeframe for revocation (put in bold type)
• who revocation must be made to, if you exercise it
• the name of the prospective adoptive parent
• whether you waive service of process for a prospective adoption suit

• Notary publics can be found at most courthouses and in large banks. You and your witnesses should bring sufficient personal identification to show the notary. Usually, a valid driver’s license or passport is sufficient.

• The form will ask about the medical history of you, your parents, and other relatives like aunts, uncles, grandparents, etc. You should take sufficient time to go through the report and complete it accurately.
• You will need to report whether your family has had birth defects, allergies, eye or dental problems, as well as developmental, circulatory, or hormonal disorders.
• Once you complete the report, return it to the other parent’s attorney, who will need to file it.

• You may have to pay a filing fee in order to terminate your parental rights. The fee can vary, depending on the county, but should cost a few hundred dollars. You should contact the court clerk and ask.
• In Tarrant County, for example, you must pay $315.00. In Dallas County, you will pay $318.00. In Harris County, the fee is $267.00. [10] X Research source
• This fee may be included in the fee for the adoption suit. If so, then you and the custodial parent should decide between yourselves how to split the cost of the fee. If you cannot afford the filing fees, then ask for a fee waiver form and fill it out.

• Be sure to dress conservatively. Men should wear slacks with a dress shirt or a solid color polo. Shirts should be tucked in, and you should wear a belt. Always wear dress shoes and socks. Keep you facial hair trimmed and comb your hair. [11] X Research source
• Women should wear business casual attire: slacks or skirts with a nice blouse. A conservative dress is acceptable is well. Avoid clothing that is too revealing. Do not show your bare shoulders or too much cleavage. [12] X Research source
• Always wait for a judge to stop asking a question before answering, and be sure to address the judge as “Judge” or “Your Honor.”

• You also should receive a copy of the court order terminating your parental rights. If you did not need to attend a hearing, then contact the other parent or the court clerk if you do not receive a copy of the order.
• After your rights are terminated, the child will then be adopted by his or her step-parent. However, you will have no role to play in the adoption proceeding once you have relinquished your rights.

Expert Q&A

Remember that child support payments are payments owed to the child. They are not made in exchange for seeing the child. Even if you have no desire to see the child at all, you still owe child support. The state of Texas will require you to make payments until the child is 18 whether or not you choose to have any contact with your children.

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1. ↑http://www.dfps.state.tx.us/handbooks/cps/files/CPS_pg_5560.asp
2. ↑https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm
3. ↑https://www.freeadvice.com/legal/voluntary-termination-of-parental-rights/
4. ↑https://www.freeadvice.com/legal/voluntary-termination-of-parental-rights/
5. ↑https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_
6. ↑https://statutes.capitol.texas.gov/Docs/FA/htm/FA.161.htm
7. ↑http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm
8. ↑http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm
9. ↑http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.161.htm

1. ↑http://www.hcdistrictclerk.com/Common/Civil/pdf/Fee_Schedule_Civil_and_Family.pdf
2. ↑http://kielichlawfirm.com/how-should-i-dress-to-go-to-court/
3. ↑http://kielichlawfirm.com/how-should-i-dress-to-go-to-court/

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 114,906 times.

To relinquish your parental rights in Texas, you’ll need legitimate reasons to prove it’s in your child’s best interests. For instance, if your child’s other parent’s partner wants to adopt your child, a judge may allow it. Keep in mind that once you terminate your parental rights, you’ll have no say in how your child is raised. Although you can file for termination of your rights on your own, it’s best to meet with a lawyer to help you through the process. You’ll need to write a petition, detailing your reasons for terminating your parental rights. You’ll also need to write an affidavit, get it notarized with 2 witnesses, and provide a full family medical history report. File these documents with the court, pay the filing fee, and wait for your hearing to officially terminate your parental rights. For more tips from our Legal co-author, including how to get your affidavit notarized, read on.

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