Whenever a parent has parental rights terminated, this is always an unfortunate event. No person or entity, including the State of Texas, wants a natural parent to have his or her parental rights terminated. The State of Texas believes firmly that children’s development benefits tremendously from regular contact with two parents; and, when the parents are “natural” or biological parents, the state also recognizes the significance of this connection and gives deference to this connection in many ways. However, there are circumstances in which the state finds it necessary to terminate parental rights. Although these cases are relatively uncommon, they do occur, and it is important for people to understand what circumstances might lead to such a determination.
In the Interest of K.S. (2025), a mother’s parental rights were terminated after the court found that she had constructively abandoned her child. In addition to constructive abandonment, the court also noted that the mother had failed to take the steps necessary to regain conservatorship over her child. In this context, “constructive abandonment” has a particular meaning.t” has a particular meaning.
Let us examine this case in detail so we can better understand the circumstances which can lead to the termination of parental rights.
Facts of the Case
The mother gave birth to a daughter, K.S., in July of 2019. The mother began experiencing difficulties being a parent almost immediately. The mother had a drug abuse problem, as well as problems establishing stable employment. In July of 2020, the Texas Department of Family and Protective Services (DFPS) took possession of K.S. after receiving formal complaints regarding neglect on the part of the mother.
From that point in July of 2020, the mother demonstrated repeated struggles with substance abuse and gainful employment. The mother was required to take regular drug tests, maintain a consistent visitation schedule, and procure stable employment. The mother failed to meet these requirements, and Texas DFPS transferred the child to an adoptive family.
To finalize the adoption, a determination needed to be made regarding the mother’s parental status. If the mother’s parental rights were terminated, the adoption could proceed. At the trial court level, the court decided that the mother had indeed “constructively abandoned” her child given her neglectful behavior, drug abuse, and failure to satisfy the financial needs of her child. The mother then appealed these determinations.
Outcome and Discussion
Constructive abandonment is a distinctly legal concept, as this finding can be made even when the parent still maintains a physical presence in the life of his or her child. The key factor in this determination is that the parent has abandoned the basic needs of the child, through emotional neglect, financial deprivation, child endangerment via exposure to drugs, and so forth. In this case, the trial court had a simple time determining that constructive abandonment had occurred: the mother had failed to secure stable employment, failed to satisfy the child’s basic material needs, exposed the child to drugs and drug use from the earliest age, failed drug tests, and failed to maintain a consistent presence in the child’s life. Even though, from the strictly physical or geographic standpoint, the mother had not “abandoned” the child, it was clear that constructive abandonment had taken place. Constructive abandonment is one of the findings which need to be made to justify termination of parental rights.
At the appellate court level, the mother failed to adequately challenge the determination regarding constructive abandonment; therefore, the appellate court did not need to conduct a thorough analysis in this respect. Even if the appellate court had done so, the finding would almost definitely have been sustained.
Contact Goldsberry Portz Divorce & Family Lawyers, PLLC, for More Information
Readers who want to know more about constructive abandonment, general conservatorship issues, conservatorship with right to designate primary residence, or any other family law topic, contact one of the family law attorneys at Goldsberry Portz Divorce & Family Lawyers, PLLC, today by calling 281-485-3500.