By the Family Law Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

When terminating a parent’s rights, what standard do the Courts use?

When it comes to terminating parents’ rights, the Court must determine that a parent is unfit. This standard must be proven by clear and convincing evidence and must show the following:

• The parent has abandoned the minor child;
• The Parent cannot be found after a diligent search;
• The parent has failed to exercise proper parental control due to misconduct or inability to properly provide for the minor child.

With regard to stepparent adoptions or with regard to a relative, the adopting adult can also show by clear and convincing evidence the following:

• The parent has failed to make a bona fide attempt to communicate with the child for a period of one year or longer following the filing of the Petition;
• The parent has failed to provide for the care of the child as required by law for a period of one year prior to the filing of the Petition.

If you or someone you know is need of family law services, please do not hesitate to call Smith & Garg at 281-210-0010 for a consultation today or use our Contact Form.