Texas Supreme Court Says Extensive Criminal Record Can Be Reason to Terminate Parental Rights

Terminating a mother or father’s parental rights is an extremely serious action. There are many parents with significant problems who are still able to love their children and keep them safe. Though imprisonment in and of itself is not justification to take someone’s legal parentage away, it can be a factor in assessing whether a child is properly cared for. The Supreme Court of Texas was recently faced with the question of whether a father’s extensive criminal record justified removal of his parental rights, even if the misconduct was not directed toward his son or the boy’s mother.

Under the Texas Family Code, parental rights can be terminated if a mother or father has “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.” The case titled In the Interest of N.L.S. and E.J.C. involved a five-year-old boy referred who showed up at a neighbor’s house hungry because he had been left at home all alone. Later on, the boy’s mother came home with her other child, an infant girl. Upon investigation, N.L.S. and his sister, E.J.C., were taken into custody of the Department of Family and Protective Services. The children’s mother was found to have a drug problem and previous issues relating to child neglect. 

The incarcerated father of N.L.S. said he was part of the boy’s life, but had spent much of the five years in prison for a wide range of crimes. Overall, he had been convicted of 12 offenses since 2008, which included drug offenses, burglary and two instances of family violence involving victims from other relationships. A DFPS caseworker interviewed him several times and he did not seem to know basic information about his son. He did make statements indicating his awareness that the mother of his son was not a fit parent. 

Based on his pattern of escalating, repeating convictions and the nature of his crimes, the Court affirmed the decision to terminate the father’s parental rights. The justices also pointed how he knew that N.L.S. was endangered by living with is mother yet did not make an effort to remove the boy from her care. Conduct that inadvertently endangers a child’s well-being is sufficient grounds for termination.

This decision serves as a crucial reminder of the comprehensive approach Texas courts take regarding child welfare and parental responsibilities. For parents, it signals the urgent need to be proactive about addressing situations where their children’s physical or emotional health is at risk.

Grob & Associates Law Firm PC in Rockwall represents North Texas clients in all types of family law proceedings. Please call 972-777-5701 or contact us online to schedule an appointment. We offer a free consultation for family law matters at our Rockwall and Wylie locations.