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To voluntarily give up parental rights in Texas, you will need to file a Petition to Terminate Parental Rights along with an Affidavit of Voluntary Relinquishment. These forms must be filed in family court and approved by a judge.
An uncontested custody case could take only a couple of months or less. However, the process can take over a year if it's contested. Many fall between these two extremes, and most parents eventually settle with the help of a mediator. Sometimes there are good reasons to go to a trial on a custody matter.
In Texas, parental rights can only be terminated by a court order. There is no single form that will end parental rights, even if both parents agree. Chapter 161 of the Texas Family Code governs procedures for both voluntary and involuntary termination of the parent-child relationship.
Texas law does permit a parent to petition the court to voluntarily relinquish his or her parental rights. It requires an affidavit of voluntary relinquishment, but it also requires a petition, proper service of process, usually an appointment of a guardian ad litem and maybe an attorney ad litem.
How To File For Custody of a Child in Texas Step 1: Determine the Correct Court. Step 2: Complete the Required Forms. Step 3: File the Petition. Step 4: Serve the Other Parent. Step 5: Prepare for Mediation. Step 6: Attend the Court Hearing. Step 7: Follow the Court's Decision.
How To File For Custody of a Child in Texas Step 1: Determine the Correct Court. Step 2: Complete the Required Forms. Step 3: File the Petition. Step 4: Serve the Other Parent. Step 5: Prepare for Mediation. Step 6: Attend the Court Hearing. Step 7: Follow the Court's Decision.
The answer is an overwhelming yes. Perhaps the most important area the family law attorney can help with is custody issues, especially where the parties disagree about who should have custody, who should be the custodial parent, or if the other parent should even have any custodial rights.