This is a list of the adoption and termination of parental rights forms that are available, free of charge, at the Family Law Self-Help Center. Show
You must have Adobe Reader (or above) to open and use the forms. "Pdf fillable" forms can be saved to your computer and then you can type in them. "Pdf" forms cannot be completed on your computer, but you can print and complete by hand. To jump down to a group of forms, click one of these links: Child Adoption Forms For information about how to fill out and file court forms, please read Basics of Court Forms and Filings. Child Adoption FormsVisit Child Adoptions to learn more about the legal process. Family Court Cover Sheet (pdf fillable) Petition for Child Adoption (pdf fillable) Consent to Terminate Rights and Adoption - for Parent (pdf fillable) Consent to Child Adoption - for Child 14 or older (pdf fillable) Ex Parte Application to Waive Investigation and Affidavit of Fees (pdf fillable) Order to Waive Investigation and Affidavit of Fees (pdf fillable) Uncontested Setting Slip (pdf fillable) Decree of Child Adoption (pdf fillable) Sample Letter to DFS (word) Petition to Unseal Adoption Record (pdf fillable) Adult Adoption FormsVisit Adult Adoptions to learn more about the legal process. Family Court Cover Sheet (pdf fillable) Petition for Adult Adoption (pdf fillable) Spouse's Consent to Adult Adoption (pdf fillable) Notice of Petition for Name Change via Adult Adoption (pdf fillable) Uncontested Setting Slip (pdf fillable) Adult Adoption Decree (pdf fillable) Termination of Parental Rights FormsVisit Terminating Parental Rights to learn more about the legal process. Forms to File a Case: Family Court Cover Sheet (pdf fillable) Petition to Terminate Parental Rights (pdf fillable) Notice of Hearing (TPR) (pdf fillable) Affidavit of Service (TPR) (pdf fillable) Certificate of Mailing - Child Support (pdf fillable) Forms to Request Publication: Affidavit to Serve by Publication - TPR (pdf) Affidavit of Due Diligence - TPR (pdf) Order to Serve by Publication - TPR (pdf) Forms to Respond to a Case: Answer to Petition to Terminate Parental Rights (pdf fillable) Certificate of Mailing - TPR (pdf) Final Order: Order Terminating Parental Rights (pdf fillable) Notice of Entry of Order (TPR) (pdf fillable) What is a termination of parental rights case?Termination of parental rights is the legal process where the court ends the parent-child relationship between a child and one or both of the child’s parents. This means that the parent whose rights are terminated will have zero legal rights to the child. Note: Parental rights can onlybe terminated by court order.
However, even with a signed voluntary relinquishment or waiver of interest, parental rights are not terminated until a judge signs a court order terminating those rights. A
voluntary relinquishment or waiver of interest is not enough to terminate parental rights. What if I’m afraid for my safety or for the safety of my children?If there has been violence or you feel that you or the children are not safe, get help right away by calling one of the organizations listed below. You may be able to get free legal help.
For situations involving sexual assault, you can also call: ● Legal Aid for Survivors of Sexual Assault, 844-303-7233. In an emergency, call 911. Find out more in the Protection from Violence or Abuse section of this website. Who can file a termination of parental rights case?Either parent can file a termination of parental rights case. But it is not a simple process and there are legal requirements to meet if you file. If you are not the child’s parent, you can file a termination of parental rights case if you are:
The following representatives and agencies may also file a termination of parental rights case:
When can I begin a parental rights termination case?A termination of parental rights case can generally be filed (turned-in) before or at any time after a child is born. However, the reason that someone is asking a judge to terminate parental rights will affect (and often shorten) the timeline of when to start the case. For example:
How do I start the termination of parental rights process?Talk with a family law lawyer about starting the termination of parental rights process and what you will need to begin a case. You may also be able to talk with a lawyer for free at a legal clinic. If you need help finding a lawyer, you can:
Note: TexasLawHelp does not provide termination of parental rights forms for any reason other than mistaken paternity. For information and for forms on filing a termination of parental rights case due to mistaken paternity, read: I want to terminate my rights. I mistakenly thought I was the biological father. What if I need orders right away?If you need orders right away, you may ask a judge to make a temporary restraining order (TRO) and/or temporary orders. A temporary restraining order lasts until you can have a temporary orders hearing. Temporary orders typically last until the termination case is finished. Read this article to learn more: Temporary Orders & Temporary Restraining Orders (TROs). Note: A family violence protective order is different from a temporary restraining order. If you need a family violence protective order call the National Domestic Violence 24 Hour Hotline at 800-799-SAFE (7233). Do I need a lawyer to help me with my termination of parental rights case?Termination of parental rights cases can be complicated and your rights as a parent and financial rights may be at risk. It’s a good idea to talk with a lawyer about your particular situation, even if you decide not to hire one. A family law lawyer can explain your rights and options. It’s really important to talk to a family law lawyer if any of the following are true:
Does it cost anything to file an Original Petition to Terminate the Parent-Child Relationship?
Yes. When you file for termination of parental rights, you must usually pay a “filing fee.” If you need to have respondents served, you must also pay an “issuance fee” and a “service fee.” These fees vary by county. Contact the district clerk’s office in the county where the child lives to learn the fees. If you don’t have enough money to pay the fees, you can ask a judge to waive the fees by completing and filing a Statement of Inability to Afford Payment of Court Costs. Read Court Fees & Fee Waivers. What gets decided in a termination of parental rights case?A termination case ends the legal relationship between a child and his or her parent or parents. A termination of parental rights case can also (but does not have to):
There may be other issues involved in your particular case. Read these articles to learn more:
Can the child’s other parent and I agree on the terms of the parental rights termination?Yes. Termination of parental rights cases are known as “voluntary” or “involuntary.” In a “voluntary” termination of parental rights case, the parents whose rights are to be ended agree to the termination by either completing the required paperwork, or by asking the judge to terminate their rights. The judge will usually approve an agreed Order of Termination as long as you can show that the proposed orders about the children are in their best interest. What are the reasons a parent’s rights can be terminated without an agreement?Some of the reasons a judge can terminate a parent’s rights without an agreement (called “involuntary” termination) include:
Note: Termination of parental rights requires a very high legal standard, known as “clear and convincing evidence.” In almost all cases, the termination must also be in the “best interest” of the child. (Courts do not apply the “best interest” standard in termination of parental rights cases as to alleged fathers in certain circumstances or in terminating an acknowledged or adjudicated father’s rights in mistaken paternity cases. Read the law here: Texas Family Code 161.002, 161.005(a)(h).) Can I hire a lawyer just to give me advice?Yes. You can hire a family law lawyer just to give you advice, review your forms, or help you prepare for a hearing. You may then be able to handle the other parts of your termination of parental rights case yourself. Hiring a lawyer for a limited purpose is called limited scope representation. What is considered in the best interest of the child?While courts have broad discretion in determining what is in the child’s “best interest,” courts look at the following factors from the Texas Supreme Court case, Holley v. Adams, as a guide in termination of parental rights cases:
Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976). A trial also considers evidence of the grounds for termination in its best interest finding. How does a termination of parental rights case impact child support?If termination of parental rights is not in the best interest of the child, there are other options available to you that would allow you to change an existing child custody order. A judge can make orders in the following types of cases without terminating parental rights to a child:
What is mediation?If you and the respondents don’t agree on the terms of the termination of parental rights case, consider mediation. In mediation, an independent person (the mediator) will try to help you reach an agreement. The process is usually easier when you have an agreement. Be sure to talk with a lawyer first. A lawyer can help you understand your options and negotiate a fair agreement. Should I agree to mediation if there has been abuse?Mediation can be helpful when both people have equal power. Both people must be able to say what they want without being afraid or pressured. Threats and control are common in relationships where one person is abusive. If the abuser is used to being in charge and making all the decisions, mediation probably won’t work very well. Mediation may be even more of a problem if the respondent abused you and you don’t have a lawyer. Is termination of parental rights required before I can adopt a child in Texas?A court must generally first terminate the parent-child relationship between the child and all of the child’s living parents in order for the child to be eligible for adoption. However, termination of parental rights of both parents is not required in:
Note: Termination of parental rights can also be joined together with an adoption case. In a combined termination and adoption case, the court terminates the parent-child relationships in the same hearing as the adoption. Read this short article for more information: Texas Adoption Law. What are some criminal acts that can cause a parent’s rights to be terminated without an agreement?The court may order that a parent’s rights be terminated without an agreement (“involuntarily”) if the court finds that the parent was convicted or placed on community supervision for being criminally responsible for the death or serious injury of a child under certain sections of the Texas Penal Code, including indecency with a child; assault; sexual assault; injury to a child, elderly individual, or disabled individual; possession or promotion of child pornography; and continuous sexual abuse of young child or disabled individual. For a complete list, see Texas Family Code 161.001(b)(1)(L). The court may also order that a parent’s rights be terminated without an agreement if the court finds that the parent was convicted of the following:
See Texas Family Code 161.001(b)(1)(T). Where can I read the law about termination of parental rights?Read the laws about termination of parental rights in Chapter 161 of the Texas Family Code. You can also read the laws about custody (conservatorship) in Chapter 153 of the Texas Family Code. How do you voluntarily relinquish parental rights in Texas?Voluntary termination of parental rights is covered in Texas Family Code Ch 161. The parent must file a petition with the court, and the judge will make a decision based on the best interests of the child.
How much does it cost to terminate parental rights in Texas?You should contact the court clerk and ask. In Tarrant County, for example, you must pay $315.00. In Dallas County, you will pay $318.00. In Harris County, the fee is $267.00.
How do you voluntarily relinquish parental rights in Kansas?(1) Any parent or parents may relinquish a child to the secretary, and if the secretary accepts the relinquishment in writing, the secretary shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent, including the power to place the child for adoption and give consent ...
How do I terminate parental rights in WV?To voluntarily terminate parental rights, the parent must make the termination in writing. The termination must also be free from duress and fraud (W.Va. Code § 49-4-607). A circuit court hearing may be held to make sure that no duress or fraud was committed when signing the writing.
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