When Can a Parent’s Rights Be Terminated in Texas?

 Posted on August 11, 2025 in Adoption

In many adoption cases, the biological parents’ rights have already been relinquished, allowing for the adoptive parents to make an uncontested claim. However, if the biological parents are still present, things become more complicated. A Denton, TX family law attorney can work with you to pursue a termination of parental rights in an adoption case.

At The Law Office of Linda Risinger, we draw on decades of family law experience to provide our clients with superb counsel and representation. We can help you address potential barriers to adoption, including disputes regarding parental rights. To resolve the dispute, we are prepared to advocate for you in a court of family law, making a case for the child’s best interests.

When Is a Termination of Parental Rights Necessary?

Depending on your case, you might not have to worry about terminating the biological parents’ rights. For instance, if you are pursuing an adoption through a private agency, it is likely that the biological parents are no longer in the picture. Likewise, if you are adopting an adult, you only need the adult’s consent.

If at least one of the child’s biological parents is still present, his or her legal parental rights will have to be terminated before you can move forward with the adoption. Oftentimes, a biological parent will willingly sign away his or her rights, as seen in private adoptions. However, if the biological parent does not want to give up parental rights, you will have to pursue an involuntary termination. A judge can deny a petition for a termination of parental rights if it is not in the child’s best interests, even in voluntary terminations.

Voluntary Termination of Parental Rights in Texas

A biological parent can choose to sign over his or her rights to the child if there is another party who is willing to adopt. To initiate this process, the biological parent must sign an affidavit to be submitted to the court. One or more hearings may be held to determine if voluntary termination is in the child’s best interests.

The court will consider the biological parent’s reasons for seeking a voluntary termination. For instance, if the biological parent has been convicted of a violent felony crime and will be in prison for many years, it could be cited as grounds for termination. At The Law Office of Linda Risinger, we can work with the biological parents and the courts to facilitate the adoption process on your behalf.

Involuntary Termination of Parental Rights in Texas

Sometimes, a biological parent objects to a potential adoption. In these cases, the adoptive parent will have to petition the court to revoke the biological parent’s rights. This is a gravely serious legal matter that should be handled with a family law attorney at your side. Common grounds for involuntary termination in Texas include:

• If the child was born addicted to a controlled substance

• If the parent knowingly exposed the child to harmful surroundings

• If the parent left the child with somebody else for at least six months without providing adequate support

If you are looking to terminate a biological parent’s rights, you will have to present clear and convincing evidence to the court that it would be in the child’s best interests. Our lawyers can help you document proof showing that an involuntary termination is in the child’s best interests.

Contact a Denton County, TX Family Law Attorney

Whether you expect a smooth adoption or a highly contested case, having a skilled attorney on your side can make a significant difference. At The Law Office of Linda Risinger, our Denton, TX adoption lawyers can represent you in a petition to terminate the biological parents’ rights, building a strong argument for the child’s ongoing welfare. Call us at 972-294-6533 for a free consultation.