This form is an answer or response to a complaint or petition that the natural mother of a child abandoned the child or consented to give up custody of the child. This form is a generic example of such an answer that may be referred to when preparing such a pleading for your particular state.
Texas Answer by Natural Mother to Complaint that She Abandoned Child or Consented to Give up Custody
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US-00900BG
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How to fill out Answer By Natural Mother To Complaint That She Abandoned Child Or Consented To Give Up Custody?
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FAQ
Texas defines marital abandonment this way: One spouse voluntarily leaves the joint home and plans never to return. The abandoned spouse may or may not know where the other has gone. Before any legal action can be taken, the remaining spouse must have been abandoned for at least one year.
Section 161.206 - Order Terminating Parental Rights (a) If the court finds by clear and convincing evidence grounds for termination of the parent-child relationship, it shall render an order terminating the parent-child relationship.
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.
Section 161.302 - Petition (a) The following persons may file a petition under this subchapter requesting the court to reinstate the parental rights of a former parent whose parental rights were involuntarily terminated under Section 161.001 or 161.003: (1) the department; (2) the single source continuum contractor ...
Section 161.103 - Affidavit of Voluntary Relinquishment of Parental Rights (a) An affidavit for voluntary relinquishment of parental rights must be: (1) signed after the birth of the child, but not before 48 hours after the birth of the child, by the parent, whether or not a minor, whose parental rights are to be ...
The Texas Family Code, under section 161.001(2), stipulates that a parent's rights may be involuntarily terminated if they have voluntarily left the child alone or in the possession of another without providing adequate support for a period of at least six months.
Open abandonment is defined as a child being knowingly left behind by his or her parent, who can be identified, and whose intention is not to return but to willingly relinquish parental responsibility. Further, no other family members are able or willing to take on the responsibility to parent and care for the child.
Under Texas law, child abandonment involves leaving a child under the age of 15 somewhere without providing reasonable and necessary care. It may also involve leaving a child in a place where no reasonable adult would leave a child of that age and ability.
