Texas Family Code - Section 161.002. Termination Of The Rights Of An Alleged Biological Father
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§ 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.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 66, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 561, § 7, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 821, § 2.16, eff. June 14, 2001; Acts
2001, 77th Leg., ch. 1090, § 1, eff. Sept. 1, 2001.
Section: 160.758 160.759 160.760 160.761 160.762 160.763 161.001 161.002 161.003 161.004 161.005 161.006 161.007 161.101 161.102
Last modified: August 11, 2007
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