Termination of parental rights is the most serious order a Texas family court can make, and families in New Braunfels and across Comal County meet it in very different ways. For a stepparent hoping to adopt, it is a necessary first step. For a parent in a CPS case, it is the outcome to fight against. For a grandparent raising a child, it may be the only path to permanence. Whichever side you are on, our family law attorneys can explain how the law works and what the court will need to see.
What Termination Means
A termination order permanently ends the legal relationship between a parent and a child. After termination, the parent:
- Has no right to possession, visitation or information about the child.
- Has no duty to pay future child support.
- Loses the parental rights that flowed from the relationship. Inheritance is a special case: Texas generally lets the child keep the right to inherit from the parent unless the court orders otherwise, so ask how a specific order handles it.
Termination usually comes with a plan for who will be the child’s parent or conservator next, such as an adoptive parent, a relative or DFPS.
The Legal Standard in Texas
Under Texas Family Code § 161.001, a court may order involuntary termination only if it finds, by clear and convincing evidence:
- That the parent committed at least one of the specific acts or omissions listed in the statute, and
- That termination is in the child’s best interest.
Both parts are required. Proving that a parent made serious mistakes is not enough if termination would not serve the child.
Voluntary Termination
A parent can choose to relinquish his or her rights by signing an affidavit of voluntary relinquishment. The Family Code sets strict requirements for these affidavits, including what they must say, who must witness them and when they can be signed. For example, a birth mother cannot sign one until a set period after the child’s birth.
Some affidavits are revocable for a time and some are irrevocable, depending on how they are written. A properly executed irrevocable affidavit is very hard to undo. If you are being asked to sign one, get independent advice first. If you are the one asking, make sure the affidavit is done right so it will hold up.
Even with a signed affidavit, the court must still find that termination is in the child’s best interest.
Common Grounds for Involuntary Termination
The statute lists many grounds. Those we see most often in New Braunfels and Comal County cases include:
- Abandonment, such as leaving the child with another person without support and without intent to return, or leaving the child with no contact for an extended period.
- Failure to support the child according to the parent’s ability for a long stretch of time.
- Endangerment, meaning the parent knowingly placed or allowed the child to stay in conditions that endangered the child, or engaged in conduct that did.
- Failure to complete a court-ordered service plan in a case where the child was removed by DFPS for abuse or neglect.
- Use of controlled substances in a way that endangered the child, in certain circumstances.
- Certain criminal conduct, including some offenses against children, and imprisonment that leaves the parent unable to care for the child for a long period.
Each ground has its own elements, and the exact wording matters. We look closely at the facts and the timeline before deciding which grounds fit.
How Courts Weigh Best Interest
Texas courts consider a wide range of factors, often called the Holley factors after a Texas Supreme Court case. They include:
- The child’s wishes, depending on age and maturity.
- The child’s present and future physical and emotional needs.
- Any present and future danger to the child.
- The parenting abilities of the people seeking custody.
- Programs and support available to help those individuals.
- The plans for the child and the stability of the proposed home.
- The parent’s acts or omissions, and any excuse for them.
No single factor controls. A parent who has turned his or her life around can present that evidence, and a petitioner must show more than past problems.
Who Can File
Texas allows several people to file a termination case, including:
- A parent, often together with a stepparent adoption.
- A relative or other person who has had actual care of the child for the required period.
- The Texas Department of Family and Protective Services, in a CPS case.
- A licensed adoption agency.
Standing rules are technical, and a case filed by someone without standing can be dismissed.
Defending Against Termination
If someone is trying to terminate your rights, you have the right to respond and present evidence. Possible defenses include:
- Showing the statutory ground is not proved, such as evidence that you did pay support or stayed in contact.
- Showing that termination is not in the child’s best interest, even if mistakes happened.
- Proposing a less drastic alternative, such as a conservatorship order with supervised visits or a step-up schedule. See supervised visitation.
- Challenging improper service or a defective relinquishment affidavit.
Parents in state-filed cases are entitled to counsel, and appointed counsel is available for parents who cannot afford a lawyer. In a CPS case, deadlines are tight. Our CPS defense page explains those timelines.
Termination and Child Support
Termination ends future support. It does not automatically wipe out support that is already past due. Courts are also wary of any arrangement in which a parent agrees to termination in exchange for forgiveness of back support, especially when some of that support is owed to the state. If arrears are part of your situation, see child support enforcement and arrears and talk with us before signing anything.
Termination in Comal County Courts
Termination suits are filed in the district court in the county where the child lives. For New Braunfels families, that may be Comal County or Guadalupe County, depending on the address. The child is usually represented by an attorney ad litem or a guardian ad litem, and either side may request a jury in many termination cases. Because so much rides on the outcome, these hearings are formal and evidence-driven.
Talk With a New Braunfels Family Law Attorney About Termination
Whether you want to end a parent’s rights so your family can move forward, or you need to protect your own relationship with your child, the stakes call for careful planning. Call us at (830) 302-4071 for a free consultation by phone, video or in person, from anywhere in Comal County or the surrounding counties. Hablamos español. You may also find our pages on stepparent adoption and adoption helpful.
Frequently Asked Questions
Can I give up my parental rights to stop paying child support?
Not simply by choosing to. A Texas court terminates rights only when termination is in the child’s best interest, and judges rarely find that ending a child’s financial support helps the child. Termination usually happens alongside an adoption, where another parent steps in.
What is clear and convincing evidence?
It is a higher standard than in most civil cases. The evidence must produce a firm belief or conviction in the judge’s or jury’s mind that the facts are true. Texas uses this standard because termination is permanent.
Can a parent get rights back after termination?
Generally no. A termination order is meant to be final, and the time to challenge an order based on a relinquishment affidavit is very limited. That is why getting advice before signing anything matters so much.
Do I have the right to a lawyer in a termination case?
In a termination case filed by the state, a parent who cannot afford a lawyer is entitled to a court-appointed attorney. In a private case, such as one filed by a relative or stepparent, appointment is less certain, so plan to hire counsel or ask the court early.
Last reviewed November 13, 2026. General information only, not legal advice.