Texas Legal Glossary · Family Law

Termination of Parental Rights

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: Termination of parental rights is a court order under Chapter 161 of the Texas Family Code that permanently ends the legal relationship between a parent and child, available only on clear and convincing proof of a statutory ground and the child’s best interest.

Also called: TPR, relinquishment of parental rights

What termination of parental rights means in Texas

Termination of parental rights ends, permanently and completely, the legal relationship between a parent and a child. After termination the former parent has no right to possession, no say in decisions, and no right to inherit from the child. The standard of proof reflects the stakes. Under Texas Family Code § 161.001(b), the court must find by clear and convincing evidence both a statutory ground for termination and that termination is in the child’s best interest.

Section 161.001(b)(1) lists the grounds. They include abandonment, endangerment of the child’s physical or emotional well-being, failure to support the child for a year while able to do so, and failure to comply with a court-ordered service plan in a Department of Family and Protective Services case.

How it works in practice

Involuntary termination cases are usually brought by DFPS after a removal, and the parent has the right to a court-appointed lawyer if indigent. Private termination suits are often filed by one parent against an absent or dangerous other parent. The court will not terminate simply because a parent is uninvolved; the statutory ground must be proved, and under Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), best interest is weighed against factors such as the child’s desires, emotional and physical needs, and the stability of the proposed home.

Voluntary termination runs through § 161.103. A parent signs an affidavit of relinquishment, witnessed and verified, that gives up all rights. If the affidavit is irrevocable, it cannot be withdrawn, and under § 161.211 a direct or collateral attack on the termination order is barred after six months. Courts rarely approve a relinquishment unless someone else is stepping in, which is why it is usually paired with a stepparent adoption under Chapter 162.

Why it matters in your case

Termination is permanent, so judges approach it with caution and so do we. A parent facing a DFPS case needs a lawyer at the first hearing, not the last, because missed service plan steps become grounds. A stepparent who has raised a child for years needs the other parent’s rights terminated before the adoption can proceed, and the proof required depends on whether that parent consents. A parent cannot terminate rights simply to escape child support.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.