Friendly21 said:
What is the name of your state? TX
My question is a simple one. I was told that an ad can be placed in a the news paper giving a parent a certain amount of time to respond to the ad and if they don't repond they have waived their rights as a parent.
Is this true? If so how do you word the ad?
Can someone help me?
Some clown on this forum claims to have done that, but has yet to clarify anything. I would imagine it to be extremely dificult. Here is what the Texas Family Code says
§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. The court may order termination of the parent-child
relationship if the court finds by clear and convincing evidence:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings which endanger the
physical or emotional well-being of the child;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct which endangers the
physical or emotional well-being of the child;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) been the major cause of:
(i) the failure of the child to be enrolled
in school as required by the Education Code; or
(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
(K) executed before or after the suit is filed an
unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(L) been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code or adjudicated under Title 3 for conduct that caused the death
or serious injury of a child and that would constitute a violation
of one of the following Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering child);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child); and
(xiii) Section 43.26 (possession or
promotion of child pornography);
(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Protective and Regulatory Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency has
made reasonable efforts to return the child to the parent;
(ii) the parent has not regularly visited
or maintained significant contact with the child; and
(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Protective and Regulatory Services for not less than nine months
as a result of the child's removal from the parent under Chapter 262
for the abuse or neglect of the child;
(P) used a controlled substance, as defined by
Chapter 481, Health and Safety Code, in a manner that endangered the
health or safety of the child, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(Q) knowingly engaged in criminal conduct that
has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(R) been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription, as defined
by Section 261.001; or
(S) voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child; and
(2) that termination is in the best interest of the
child.
§ 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
BIOLOGICAL FATHER. (a) The procedural and substantive standards
for termination of parental rights apply to the termination of the
rights of an alleged father.
(b) The rights of an alleged father may be terminated if:
(1) after being served with citation, he does not
respond by timely filing an admission of paternity or a
counterclaim for paternity under Chapter 160;
(2) he has not registered with the paternity registry
under Chapter 160, and after the exercise of due diligence by the
petitioner:
(A) his identity and location are unknown; or
(B) his identity is known but he cannot be
located; or
(3) he has registered with the paternity registry
under Chapter 160, but the petitioner's attempt to personally serve
citation at the address provided to the registry and at any other
address for the alleged father known by the petitioner has been
unsuccessful, despite the due diligence of the petitioner.
(c) The termination of the rights of an alleged father under
Subsection (b)(2) rendered on or after January 1, 1998, does not
require personal service of citation or citation by publication on
the alleged father.
(d) The termination of rights of an alleged father under
Subsection (b)(3) does not require service of citation by
publication on the alleged father.
(e) The court shall not render an order terminating parental
rights under Subsection (b)(2) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to identify and locate the alleged father and considering any
evidence submitted by the attorney ad litem for the alleged father,
has found that the petitioner exercised due diligence in attempting
to identify and locate the alleged father. The order shall contain
specific findings regarding due diligence of the petitioner.
(f) The court shall not render an order terminating parental
rights under Subsection (b)(3) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to obtain personal service of citation on the alleged father and
considering any evidence submitted by the attorney ad litem for the
alleged father, has found that the petitioner exercised due
diligence in attempting to obtain service on the alleged father.
The order shall contain specific findings regarding the exercise of
due diligence of the petitioner.
