Parental rights are a fundamental aspect of family law. A person who is legally recognized as a child's parent will have the right to have an ongoing relationship with the child, and they will also have the obligation to provide support and ensure that the child's needs are being met. However, in certain circumstances, parental rights can be terminated. This will usually be an issue that will be addressed in adoption cases, since before a child can be adopted by another party, the parental rights of one or both of their biological parents must be terminated.

The termination of parental rights may also be an issue in cases involving Child Protective Services (CPS). If CPS decides to remove a child from a parent's custody because of issues such as domestic violence or substance abuse, it may take action to terminate a parent's rights, place the child in foster care, and arrange for the adoption of a child by foster parents or other parties. Because issues related to the termination of parental rights can be complex, it is important for parents and other involved parties to understand when a parent's rights can be terminated and the procedures that will be followed in these cases.

Grounds for Termination of Parental Rights in Texas

There are some situations where a parent may voluntarily agree to give up their parental rights. This is often a factor in stepparent adoption cases, and when a stepparent wishes to become a child's legal parent, the child's other biological parent may agree to the termination of their rights. However, if a parent is not willing to give up their rights, if they refuse to participate in legal proceedings related to adoption, or if they cannot be located, steps may be taken to have the parent's rights involuntarily terminated. Involuntary termination may also be appropriate in situations where children are removed from a parent's custody due to issues that could affect their health, safety, and well-being.

During a divorce in which a couple has children, the court will decide on an amount of child support that one parent will pay to the other. This amount is meant to ensure that both parents are contributing to the children's needs, and it is based on the income earned by the parent paying support, as well as other factors. Courts make determinations based on what is in the best interests of the child, although a judge will also consider the parents' circumstances, as well as issues like the costs of transporting children between the parents' homes and expenses related to child care while a parent is working.

While child support orders are meant to stay in place until children reach adulthood, life does not always stay static, and it is possible that the circumstances of one or both parents may change significantly after the initial ruling. Because of this, parents may wonder if they can modify child support payments after their divorce has been finalized. Fortunately, the laws in Texas provide for the ability to modify child support payments if certain conditions are met.

When Can Child Support Be Modified?

In Texas, the court can modify a child support order if there has been a significant change in circumstances since the original order was entered or if at least three years have passed since the last modification. There are several different situations that could qualify as significant changes, including the loss of a job, a substantial increase or decrease in income for other reasons, changes in child custody arrangements, or significant health care needs for either parent or for a child.

Addressing issues related to child custody is often one of the most difficult aspects of a divorce. Parents whose relationship has broken down are likely to disagree about various child-related issues, and reaching agreements on matters such as who will be responsible for making decisions for children and where children will live may not be easy. One issue that may need to be addressed in a child custody case is the right of first refusal. This may ensure that both parents will be able to spend sufficient time with children, but the parents may disagree about the terms that should be included in their child custody order. By understanding the options in these situations and the laws that may apply, parents can determine how to address the right of first refusal during divorce negotiations.

What Is the Right of First Refusal?

The right of first refusal is a clause included in some Texas child custody orders that requires parents to consult with each other in certain situations before leaving their child in the care of a babysitter or a friend or family member. That is, if the child is scheduled to stay with one parent at a certain day and time, and that parent will be unavailable, they will be required to contact the other parent to see if they are available to care for the child. Essentially, the other parent will have the right to refuse to provide care for the child before any other arrangements for child care may be made. This can ensure that a child will be in the care of a parent whenever possible, and it can relieve a parent's concerns about who is watching their child.

The purpose of the right of first refusal is to ensure that both parents have access to their children whenever possible without giving preferential treatment to either parent or to other parties such as grandparents. It can help parents work together to ensure that children receive the necessary care while maintaining good communication and being flexible when coming up with child care arrangements. It also helps minimize disruption in the lives of children by ensuring they are not shuffled between multiple caregivers when a parent is unavailable.

Whether you are getting divorced or filing a Suit Affecting the Parent Child Relationship (SAPCR), you need to create a parenting plan that resolves issues of custody and visitation. Custody can be the most difficult issue that parents of minor children have to resolve, and there may be ongoing conflict for as long as the children are under the age of legal adulthood. 

When this conflict gets heated, one or both parents may behave poorly. Unfortunately, it is common for parents to use their children as weapons against each other to resolve past personal differences. One parent may wrongly try to obtain sole custody or alienate the children emotionally from their other parent. Other times, a parent may have legitimate concerns about whether the other parent is abusive, neglectful, or otherwise unfit. Whatever the circumstances in your child custody dispute case, it is essential to have a Texas custody attorney who can advise you throughout the process - and to avoid these three common mistakes.

Putting Your Kids at the Center of the Conflict  

Although a child custody dispute is undoubtedly about your children, the entire purpose is to determine the children’s best interests and to make sure the court custody order protects that. No matter the outcome of the case, there is no question that exposing children to parental conflict is not in their best interests. In fact, studies on the subject show that the most damaging part of divorce for children is typically getting placed in the middle of their parents’ fights and feeling as though they have to make a choice between their parents. 

When Texas parents of a minor child share custody of the child, they must create and abide by a legally enforceable parenting agreement. Although courts can set the terms of the parenting agreement (technically known as a “possession agreement” in Texas legal terms), most co-parents find they can create a better, more satisfactory parenting agreement when they work together outside of court. 

One possible option many parents take advantage of in a customized parenting agreement is an idea called the “right of first refusal.” In this blog, we will explore the basics of the right of first refusal and how, under the right circumstances, it can benefit both a child and her parents. 

The Right of First Refusal in Texas

The right of first refusal is a clause that states one or both parents will rely on each other for childcare when they would otherwise hire a babysitter or ask a family member for help. The right of first refusal does not have set terms, but rather can be customized to suit the needs and schedule of the parents. Ideally, it allows both parents to maximize their time with a child whenever possible.