L-R Elisa Reiter and Daniel Pollack. Courtesy photos How Long Must a Court Wait Before Terminating Parental Rights?
The trial court, as gatekeeper, has the duty to weigh the credibility of the witnesses, and to choose who or what to believe when presented with conflicted testimony. The determination of best interests must focus on the child, rather than on the parent.
May 20, 2022 at 05:32 PM
10 minute read
By statute (Texas Family Code § 161), parental rights can be terminated only by court order. Generally, a court must find that the parent or guardian abused, neglected or abandoned their child, or that the parent executed a voluntary termination of parental rights form. Yet, even after a finding of abuse, neglect or abandonment, a termination of parental rights (TPR) will not necessarily happen. The court must also determine that it is, in fact, in the child's best interests that the TPR takes place. Moreover, we are beginning to see appeals of termination cases based on extensions of trial dates granted pursuant to the Texas Supreme Court's Emergency Orders granted during the COVID pandemic. Should the fact that a case took longer—or—was nonetheless resolved expediently during the lockdown—impact on a TPR?
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