Parental Rights and Responsibilities

If you are a parent, you have the responsibility to provide support for your children until they are adults, even if they live with somebody else. You cannot abuse or neglect your children and must protect them from harm. If there are any questions about whether a man is the father of a child, then the court can order medical DNA tests on the man, the mother, and the child to find out.

Termination and Reinstatement of Parental Rights

A court may terminate a parent’s legal rights to their child for one of 25 reasons, the most common being child abuse or neglect. Each court case filed by DFPS begins with an investigation after a report of child abuse or neglect is made to the hotline. During an investigation, if DFPS believes there is immediate danger to the child in a parent’s home, then DFPS can remove the child from the parent’s custody and file a termination lawsuit.

If the parent is opposed to removal of their child from the home and cannot afford to hire their own attorney, then the parent has a right to an attorney appointed to represent them and paid for by the county.

In September 2021, a new law went into effect that allows some parents whose rights were previously terminated to ask the court to reinstate their parental rights.

In order to be eligible, at least two years must have passed since the order terminated the parent’s rights, an appeal cannot be pending, the child cannot be currently adopted, and the child cannot be the subject of an adoption placement agreement. In addition, the parent must show the court they have remedied the conditions that were grounds for the order terminating parental rights and are able to maintain their child’s health, safety, and welfare.

Children who are 12 years old and older must consent to the reinstatement.

Learn more about reinstatement of parental rights at Texas Law Help.