Do I need an attorney to protect my parental rights in Texas?

Full question:

Do I have to get an attorney to keep the courts from taking my son whom I got when the mom let someone adopt him at birth. I hired an attorney to find him, went through the courts--had his name changed to mine w/Jr. In the meantime, his birth mother relinguished her rights & didn't appear in court. For the past 14 years I & my mom have taken care of this child. My mom has continued to take care of him even several yrs. ago when I was in the Navy for 3 yrs; even when I went out of the the country on several occasions which were job related. I had another child with this same woman, however, she kept that child which is a girl. I've paid child support to her continuously to this date. My daughter ran away from home for abuse suffered by her mom & now the courts have awarded me custody because her mom was found to be an unfit parent by the courts. However, since she has either stayed with her mother or maternal grandmother for the past 13 years, I let her stay w/her maternal grandmother and CPS made her relative conservator. When in court last, the Judge, CPS adlatum & maternal grandmother was speaking of terminating my rights to my daughter. I was told by one of the social workers for CPS that if this should occur, I would lose the rights to my son also. Do I need to do a Power of Attorney; authorization agreement for nonparent relative w/broad Authority by Both Parents; Authorization Agreement for nonParent Relative or should I make my mother his legal guardian. He has always lived with my mother, thus, would this hold up in the Texas Family Courts?

• Category: Paternity
• Subcategory: Termination of Parental Rights
• Date: 04/07/2025
• State: Texas

Answer:

In Texas, a grandparent having custody can be a factor in court decisions, but the child's best interests are the primary concern. We cannot provide legal advice, so it's important to consult a local attorney who can assess your specific situation and documents.

Parental rights can be terminated voluntarily or judicially. Judicial termination requires proof that a parent is unfit or poses a danger to the child. If the court finds clear and convincing evidence of such conduct, it may terminate the parent-child relationship, which ends all rights and obligations, including custody and support.

Relevant Texas statutes include:

• § 153.373 FAM: Voluntary surrender of possession can rebut the presumption that a parent should retain custody if the parent has relinquished care for over one year, and it's in the child's best interest.
• § 153.256 FAM: The court considers various factors, including the child's age, needs, and the circumstances of the managing conservator and parent.

For your situation, consider whether a Power of Attorney or legal guardianship for your mother would be appropriate. Consulting with an attorney will help clarify the best course of action.