A Guide to Getting a Court Appointed Attorney When a Governmental Entity
is Attempting to Terminate Your Parental Rights
Introduction
If a governmental entity has brought a suit to terminate your parental rights, you may be able to
receive representation from an attorney provided by the court. Read over this publication to find
out more about your rights in this situation.
What is a termination of parental rights?

This type of suit is a suit affecting the parent-child relationship (SAPCR). The parent
loses the rights and duties he or she has in relation to the child.1 This means that under
the law, you are legally no longer the parent of the child.2
o The child may then be adopted.3
o You might be subject to other requirements, such as paying child support and
back child support (also known as child support arrears).4 Current child support
might have to be paid until the child is 18 or graduated from high school
(whichever occurs later), until the child is married, until the death of the child, or
if the child is disabled, for an indefinite period.5
1
Tex. Fam. Code §161.206(b)
Tex. Fam. Code §101.024
3
Tex. Fam. Code §162.001(b)
4
Tex. Fam. Code §154.001(a-1); Walker v. Sheaves, 533 S.W.2d 87, 91 (Tex. Civ. App.—San Antonio
2
1976, writ ref’d n.r.e.); Swate v. Swate, 72 S.W.3d 763, 770-771 (Tex. App.—Waco 2002, pet. denied).
5
Tex. Fam. Code §154.001(a-1)(2)
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o A biological or an adoptive grandparent may still have access to the child if they
file an original suit or a suit for modification, and at least one biological or
adoptive parent has not had their parental rights terminated.6 7
o The child will still have the right to inherit from and through the parent, unless the
court provides otherwise.8

Proceedings to terminate your parental rights are normally brought by a parent, the Texas
Department of Family and Protective Services (DFPS) (aka Governmental Entity) or an
authorized social agency.9

A termination suit brought by the parent, seeking his or her own termination, is called a
voluntary termination; while a suit brought by a third party is generally called an
involuntary termination.10
Who can receive a court-appointed attorney?
If the termination suit is filed by the DFPS (governmental entity), the court must appoint an
attorney to represent the interests of:
6
7

An indigent parent who responds in opposition to the petition for termination11

A parent served by citation by publication12

An alleged father who failed to register with the paternity registry and whose identity or
location is unknown13

An alleged father who registered with the paternity registry, but could not be personally
served at the address provided to the registry or at any other address for an alleged father
known by the petitioner, despite the petitioner’s diligent attempt to do so14
Tex. Fam. Code §§153.432-153.434
Tex. Fam. Code §161.206(c) (“nothing in the [Suits Affecting the Parent-Child Relationship chapter of
the Texas Family Code] precludes or affects the rights of a biological or adoptive maternal or paternal
grandparent to reasonable access under Chapter 153”)
8
Tex. Fam. Code §161.206(b)
9
Dorsaneo, Texas Litigation Guide § 381.03(1)
Tex. Fam. Code §§ 161.001, 161.005
11
Tex .Fam. Code §107.013(a)(1)
12
Tex. Fam. Code §107.013(a)(2)
13
Tex. Fam. Code §107.013(a)(3)
14
Tex. Fam. Code §107.013(a)(4)
10
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
A person whose parental rights are subject to termination on the ground that the parent
suffers from a mental or emotional illness or a mental deficiency that renders the parent
unable to take care of the child15

It should also be noted that in this type of suit, the court appoints an attorney for the
child immediately after the suit is filed so the child’s interests are represented.16
What is an “indigent” parent?

An “indigent” parent is someone who cannot afford to hire an attorney.17 Meaning a
parent who does not have the resources, and is not able to obtain the resources to hire and
retain an attorney for representation in the termination case.

Generally, to determine whether you are indigent, the Court will consider your income,
the source of your income, any assets or property you own, your expenses, the number
children or other dependents you have, and any income from your spouse available to
you.18
How can I request an attorney?
1. If you are an indigent parent and want the court to appoint an attorney for you, you must
first “respond in opposition” to the petition. 19
2. You must make an appearance to formally oppose the termination.20

There is nothing specific that you must say in order to oppose the termination and
be granted a court-appointed attorney. Something as simple as showing up to the
hearing and saying “I want my rights” is considered a response in opposition.21

The Court must ask you whether you want to proceed without counsel.22
You may waive this right, but only if you do so voluntarily and with the
15
Tex. Fam. Code §161.003(a)(b)
Tex. Fam. Code §107.012
17
Dorsaneo, Texas Litigation Guide §381.05(1)(d)
18
Dorsaneo, Texas Litigation Guide §381.05(1)(d)
19
Dorsaneo, Texas Litigation Guide §381.05(1)(d)
20
In re C.D.S., 172 S.W.3d 179, 184 (Tex. App.—Fort Worth 2005, no pet.) (mother responded in opposition when
she testified at adversary hearing that she was opposed to the removal of the child)
21
In re T.R.R., 986 S.W.2d 31, 37 (Tex. App.—Corpus Christi 1889, no pet.) (mother’s appearance at hearing and
her statement, “I want my rights,” constituted response in opposition.)
16
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knowledge of the dangers and disadvantages of proceeding to trial without an
attorney.23
How can I let the Court know that I am indigent and in need of an attorney?

If you want to claim that you are an indigent parent, you must file an affidavit of
indigency before the Court can conduct a hearing to determine whether you are
indigent.24
o Click the link below for a form to do so:
 http://www.co.travis.tx.us/courts/files/documents_forms/civil/forms_C
ivilCPS/affidavit_appointment_atty_eng_form_CivilDistrictCPS.pdf
 Note: The form also formally requests a court appointed attorney.

An affidavit of indigency tells the court that you are unable to afford costs.25

In your affidavit, you must include the following:26
o All information about your identity, such as your name, date of birth, address(es),
phone number(s), etc.
o The nature and amount of any government income you receive, such as disability
or food stamps.
o The nature and amount of any employment income you receive.
o Any other income you may have, such as interest.
o Any cash or any money in a checking account you have.
o The number of dependents you have, if any.
o Your spouse’s income, if available to you.
o Any property you own other than your homestead property.
o Any debts you owe.
o Any and all of your monthly expenses

Include in you affidavit the following statements:27
o “I am unable to pay the court costs. I verify that the statements made in this
affidavit are true and correct.”
22
Dorsaneo, Texas Litigation Guide §381.05(1)(d)
In re J.M., 361 S.W.3d 734, 736-739 (Tex.App.—Amarillo 2012, no pet. h.)
24
Tex. R. Civ. P. 145(b); Tex. Fam. Code §107.013(d)
25
Tex. R. Civ. P. 145(a)
26
Tex. R. Civ. P. 145(b)
27
Tex. R. Civ. P. 145(b)
23
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
The affidavit should be sworn and notarized before a notary public or other officer
authorized to administer oaths.28

File your affidavit with the court clerk. The clerk must docket the action, issue a citation,
and provide any other customary service that would normally be provided to a party in a
suit of this kind. 29
What does my court-appointed attorney do?
Your court-appointed attorney will generally do some of the following:

Interview you, each person who has significant knowledge of the case, and the other
parties to the suit30

Investigate the facts of the case31

Represent you at hearings, mediations, pretrial matters, and the trial and obtain and
review all files in the suit and conduct discovery if needed32

Review and sign or decline to sign a proposed or agreed order affecting you33

Encourage settlement and other ways of resolving the suit34

Meet with you before each court hearing unless the Court says otherwise35
The court-appointed attorney will be able to represent you up until the earliest of:36

The date the suit is dismissed

The date all appeals related to the termination of your rights are exhausted or waived
28
Tex. R. Civ. P. 145(b)
Tex. R. Civ. P. 145(a)
30
Tex. Fam. Code §107.0131(a)(1)(A)(i-iii)
31
Tex. Fam. Code §107.0131(a)(1)(B)
32
Tex. Fam. Code §107.0131(a)(1)(C)(i-ii)
33
Tex. Fam. Code §107.0131(a)(1)(F)
34
Tex. Fam. Code §107.0131(a)(1)(E)
35
Tex. Fam. Code. §107.0131(a)(1)(G)
36
Tex. Fam. Code §107.016(2)
29
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
The date the attorney, after a finding of good cause by the Court, is relieved of his or her
duties or replaced by another attorney
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