Termination of Parental Rights for Attempted Murder

Senate Bill 1838 was signed into law by Governor Perry yesterday. The new law authorizes the court to order termination of the parent-child relationship if the court finds clear and convincing evidence that the parent has been convicted of a criminal attempt to the murder or criminal solicitation to murder the other parent of the child.

Under current law, the Family Code does not address the issue of parental rights when one parent commits the crime of criminal solicitation of murder against the child’s other parent.

The new law amends Texas Family Code Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD RELATIONSHIP. It authorizes the court to order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has been convicted of, attempted murder or solicitation of murder Under sectiosn 15.01 and 15.03 of the Texas Penal Code, or under similar laws of other states, countries or the military law.

This law is effective September 1, 2009.

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