Child Neglect

Constructive Abandonment and Parental Rights in Texas

September 11, 2020 | by Robert Guest

What is Constructive Abandonment?

The Texas Family Code section allows involuntary termination of parental rights if clear and convincing evidence supports that a parent engaged in at least one of the twenty-one grounds for termination and termination is in the best interest of the child. See TEX. FAM. CODE § 161.001(b)(1)(A)-(U), (b)(2). A court will look at the parent’s ability to provide a safe environment for their children, the parent’s parental skills, and the best interest of the child when deciding whether or not to terminate parental rights based on constructive abandonment. Grounds for parental rights termination include constructive abandonment if the court finds by clear and convincing evidence that the parent has:

constructively abandoned the child who has been in the permanent or temporary managing conservatorship of the Department of Family and Protective Services (“Department”) for not less than six months, and:

Modification of Custody in Less Than One Year: How Important is the Affidavit?

May 13, 2014 | by Guest and Gray Law Firm

You just finalized your divorce or custody matter, however it seems like every time you turn around you think that your child should live with you instead of the other parent primarily of the time. Even though it is has not even been a year yet since your final orders were rendered, it just seems as though something is constantly coming up and you are genuinely concerned. The other parent may be endangering the child’s physical welfare or emotional development such as engaging in criminal activity, drug usage, physical/mental/sexual abuse, or overall endangerment of the child. You want to change the custody orders now but you have been told that there are certain roadblocks in requesting the modification this soon. What should you expect?

Less than One Year Requirements

If you are filing your petition to change the parent who has the exclusive right to designate the child’s residence in less than one year, there are specific requirements that you must follow. In fact, you must qualify within these statutory parameters to even file your case. The most important and crucial requirement is the affidavit that must be attached to your petition. In fact, Texas Family Code Section 156.102 mandates that an affidavit must be attached to your pleadings and “(b) must contain, along with supporting facts, at least one of the following allegations: (1) that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development; (2) that the person who has the exclusive right to designate the primary residence of the child is the person seeking or consenting to the modification and the modification is in the best interest of the child; or (3) that the person who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child for at least 6 months and the modification is in the best interest of the child.” Frequently, we see the first requirement being the grounds on which someone files a modification. Allegations are made that something bad has happened in the other parent’s care and this is why that parent should no longer have possession of the child. But, the key is that the allegations must be made in the affidavit. Many people get hung up on this requirement and many times affidavits fall short on their face.

What is the duty to report child abuse/neglect in Texas?

December 26, 2013 | by Guest and Gray Law Firm

Many parents, grandparents, and even professionals do not fully understand their duty to report child abuse let alone the consequences for their failure to report. But what about such duty to report of just an ordinary person? That is right; ANYONE who has knowledge or reason to believe that a child is being abused in any way must report it to the appropriate agency. That agency would be the Texas Department of Family and Protective Services, your local law enforcement and even your local district attorney’s office. The family code does not exclude anyone in the duty to report. Examples of professionals would be teachers, attorneys, doctors, nurses, and daycare employees.

Chapter 261 of the Texas Family Code encompasses the duty to report, definitions, etc. Once you have determined what abuse or neglect means in Texas, and you know a child who is being subjected to such acts, you must report it. Unfortunately, many of the cases we see are children being sexually or physically abused. Once you learn of this abuse, what do you need to do?

Texas Family Code Section 261.101 legislates and defines those who are required to report as follows: