What forms do I need and how to file them for a voluntarily termination of parental rights?

Asked on September 19, 2012 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to sign an affidavit of relinquishment.  There are three types of affidavits that some parents sign.  The first is just a general, "I hereby waive all my parental rights and agree to the termination thereof" type language.   Some include this language, but provide for a cooling off period, providing that a parent can file another affidavit in 30 days revoking the termination.  The third type of affidavit not only includes the termination language, but also includes a waiver or citation and a waiver of any future court notices.  With this type of waiver and affidavit, the other parent can proceed through the court system to terminate your rights without letting you know anything else about the suit to terminate.

Signing the affidavit is just the first step.  The next step is for you, the other parent, or some government agency to file a motion to terminate your rights based on the affidavit.  The court may accept or reject the petition.  Some parents attempt to terminate their rights in order to avoid a child support obligation and the courts will sometimes refuse to grant these petitions.  If the petition is because the parent wants someone else to adopt their child so their child can have a better life, they tend to approve the requests for termination.  The purpose of the affidavit is to tell the court that you want to termination.  The purpose of the petition or motion to terminate is to give the judge a good reason why they should.

Any family law attorney should be able to help you and/or the other parent facilitate the termination of parental rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.