Termination of Parental Rights Defense in Houston

Termination of Parental Rights Defense in Houston

Termination is the most serious step in a CPS case. It permanently ends the legal relationship between a parent and a child. You have the right to fight it.
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What CPS Must Prove

To terminate your rights, the Department of Family and Protective Services (DFPS) must prove two things by clear and convincing evidence, a higher standard than most civil cases:

1. At least one ground listed in the Texas Family Code, such as endangering the child, constructive abandonment, or failing to complete a court-ordered service plan.
2. That termination is in the child’s best interest. The court looks at the child’s needs, safety, bond with the parent, and the plans for the child’s future.

Proving a ground is not enough on its own. Best interest is a separate question, and it is often where a parent’s case is won or lost.

Your Rights in a Termination Case

• A lawyer. A parent who cannot afford one can ask the court to appoint a lawyer. You can also hire your own at any time.
• A trial. You can contest the case, present evidence and witnesses, and challenge DFPS’s evidence. You can ask for a jury.
• A timely decision. Texas law generally requires the court to issue its final order within 90 days after the trial begins.
• An appeal. Termination orders can be appealed, but the deadlines are very short, so speak with a lawyer right after any ruling.

Options Short of Termination

Termination is not the only possible outcome. Depending on the facts, a case can end with the child returned home, with a relative named permanent managing conservator, or with an order that keeps a parent’s rights in place along with a visitation schedule. A strong record of completed services and safe visits keeps these options open.

Before You Sign Anything

CPS sometimes asks a parent to sign an affidavit of voluntary relinquishment. In many cases this kind of affidavit cannot be taken back once signed. Do not sign it before you talk with a lawyer.

How We Help

We review the grounds DFPS has pleaded, build the best-interest case, and prepare for trial from day one. Mrs. Young has practiced family law since 1997, is Board Certified in Child Welfare Law by the Texas Board of Legal Specialization, and brings more than 30 years of nursing experience to cases built on medical evidence. Meet Bobbie Young.

Frequently Asked Questions

Can CPS terminate my rights without a trial?

No. Unless a parent voluntarily gives up their rights, DFPS must prove its case in court by clear and convincing evidence.

What does clear and convincing evidence mean?

It means the evidence must firmly convince the judge or jury that the facts are true. It is a higher standard than the one used in most civil cases.

Can I get my rights back after termination?

Termination is meant to be permanent. That is why it is so important to act before trial and to appeal quickly if the ruling goes against you.

Protect Your Relationship With Your Child

Call 713-225-6200 or fill out the form to talk with our Child Welfare team about your case.