Law Office of Bryan Fagan PLLC Podcast

Law Office of Bryan Fagan PLLC
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Welcome to The Law Office of Bryan Fagan podcast— your trusted source for legal insight and support in Divorce, Family Law, Estate Planning, Criminal Defense, and Personal Injury. Our goal is simple: to empower you with knowledge and confidence when facing life’s toughest legal decisions. We publish clear, informative videos every week—covering everything from navigating a divorce to understanding wills, trusts, custody battles, CPS cases, and more. You’ll get expert guidance directly from attorneys who care. 📞 Need legal help? Call or text us at (281) 606-3374

  1. 1h ago

    Texas Termination of Parental Rights: Best Interest Test

    How do Texas judges decide whether terminating a parent’s rights is truly in a child’s best interest? In this episode of the Law Office of Bryan Fagan podcast, we break down one of the most serious actions a Texas family court can take: permanently ending the legal parent-child relationship. Texas law requires two separate findings before termination can be ordered, a statutory ground such as endangerment, abandonment, or failure to support, and an independent finding that termination serves the child’s best interest, with both proven by clear and convincing evidence under Texas Family Code Section 101.007. We explain why this heightened standard sits between the civil preponderance standard and the criminal beyond-a-reasonable-doubt standard, how the best interest requirement under Section 161.001 carries independent force, and how judges apply the nine Holley v. Adams factors, including the child’s desires, emotional and physical needs, present and future dangers, parenting abilities, and stability of the proposed home, as a flexible guide rather than a mechanical checklist. We also cover the evidence that matters most, why a voluntary affidavit of relinquishment does not replace the court’s own finding, a Texas appellate case in which a father who learned he was not the biological parent could not terminate his rights to avoid child support because he was the only father the child had ever known, and how CPS cases and private cases such as step-parent adoptions differ in context but share the same demanding burden of proof. If you are facing a termination case or considering a step-parent adoption in Texas, call 855-694-7803 or schedule your free consultation at https://www.bryanfagan.com/schedule/ and download our free Family Law eBook at https://www.bryanfagan.com/ebooks/family-law-ebook/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  2. 21h ago

    Termination of Parental Rights in Texas: What to Know

    Can a Texas court permanently end your rights as a parent? In this explainer from the Law Office of Bryan Fagan, we break down the termination of parental rights in Texas, one of the most severe and permanent actions a family court can take. We explain what termination actually ends, including conservatorship, possession and access, and decision-making authority over a child's education, medical care, and upbringing, and why a biological parent's rights must be terminated before a stepparent adoption can move forward. We cover why a parent's consent or signature alone never ends parental rights, and why Texas requires clear and convincing evidence rather than the ordinary preponderance standard used in most civil cases. We compare voluntary relinquishment with involuntary termination, walk through the strict requirements for an affidavit of voluntary relinquishment, including the rule that a mother cannot sign until at least 48 hours after birth, and explain the most common statutory grounds under Texas Family Code Section 161.001, such as abandonment, endangerment, failure to support, serious criminal conduct, and failure to comply with a court-ordered service plan. We also make clear that parents will not lose their rights over minor parenting disagreements, discipline styles, or income differences, and explain how judges apply the Holley factors to decide best interest. In the CPS section, we cover the 14-day adversary hearing after an emergency removal, court-ordered service plans, and Texas's fast timelines toward final trial. Finally, we explain what survives a termination order, including past-due child support and the child's right to inherit unless the court orders otherwise, and how parents can defend their rights with strong evidence and experienced legal counsel. To schedule a free consultation, call 855-694-7803 or visit https://www.bryanfagan.com/schedule/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  3. 1d ago

    How to Fight Termination of Parental Rights in Texas

    How do you fight back when someone is trying to permanently terminate your parental rights in Texas? In this explainer from the Law Office of Bryan Fagan, we build a step-by-step defense roadmap for parents facing a termination petition. We start with the clear and convincing evidence standard, the heavy burden of proof that sits just below the criminal standard of beyond a reasonable doubt, and explain why it should serve as a reassuring anchor for parents throughout the process. We walk through how to identify the exact statutory grounds alleged under Texas Family Code Section 161.001, including abandonment, endangerment, failure to support, certain criminal convictions, and failure to comply with court-ordered services, and why an allegation written in a petition is not the same as a proven ground. We cover your procedural rights to notice, to respond, to present evidence, and to cross-examine opposing witnesses, along with the right of qualifying indigent parents to a court-appointed attorney in cases filed by CPS. We explain how a defense attorney challenges CPS investigation records, witness testimony, and drug testing protocols, why a CPS service plan is not a magic wand but still demands real progress, and how judges apply the best interest test and the Holley factors from Holley v. Adams. We also cover the fatal mistakes to avoid, including ignoring court documents, missing hearings, violating court orders, and signing a voluntary relinquishment affidavit without speaking to a lawyer, and we discuss Texas's shift toward family preservation, with CPS removals falling by 55 percent from 2018 to 2024. To schedule a free consultation, call 855-694-7803 or visit https://www.bryanfagan.com/schedule/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  4. 1d ago

    Grounds for Termination of Parental Rights in Texas

    What are the grounds for termination of parental rights in Texas, and what must actually be proven before a judge can permanently end the parent-child relationship? In this explainer from the Law Office of Bryan Fagan, we break down why Texas courts do not terminate parental rights simply because a parent is absent, difficult, behind on support, or caught up in family conflict. We explain how Texas Family Code Section 161.001 works like a two-pronged lock, requiring proof of both a statutory ground and that termination is in the child's best interest, and why the clear and convincing evidence standard sits well above the ordinary civil standard and just below the criminal standard of beyond a reasonable doubt. We walk through the most commonly litigated grounds, including abandonment, endangerment, certain criminal conduct, severe abuse, and failure to comply with a DFPS service plan, and bust the common myth that simply not paying child support automatically ends your rights, since failure to support must be measured against a parent's actual ability to pay, usually over a one-year period. We cover how judges apply the Holley factors to evaluate a child's best interest, the strong legal presumption in favor of keeping a child with a parent, and a case where a man who learned he was not the biological father was denied termination because he was the only father the child had ever known. We also compare CPS and DFPS cases with private termination suits brought by co-parents, stepparents, and relatives, and examine In re E.J.R., where a trial judge denied termination even though the father had signed an irrevocable affidavit of relinquishment. Finally, we explain how an experienced Texas family law attorney can pinpoint the exact grounds alleged, challenge insufficient evidence, present strong best interest evidence, and prepare for trial. To schedule a free consultation, call 855-694-7803 or visit https://www.bryanfagan.com/schedule/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  5. 2d ago

    Involuntary Termination of Parental Rights in Texas

    When can a Texas court terminate a parent's rights without that parent's consent? In this explainer from the Law Office of Bryan Fagan, we break down involuntary termination of parental rights, one of the most serious actions a Texas court can take, because it permanently severs the legal bond between a parent and child. We explain the two-pillar legal test under Texas Family Code Section 161.001, which requires a court to find both a statutory ground for termination and that termination is in the child's best interest, and why proving one without the other is never enough. We cover the heightened clear and convincing evidence standard, which is second only to the criminal standard of beyond a reasonable doubt, and walk through common statutory grounds including abandonment, endangerment, failure to support, serious criminal conduct, and failure to comply with a court-ordered service plan. We explain how judges apply the Holley factors from the Texas Supreme Court's decision in Holley v. Adams to weigh a child's present and future well-being, and how a CPS case progresses from investigation and emergency removal through the adversary hearing, service plans, permanency hearings, and final trial. We also discuss why noncompliance with a family service plan must be meaningful rather than trivial, how a termination order differs from restricting custody or limiting a parent to supervised visitation, and why experienced legal guidance is critical when the stakes are this high. To schedule a free consultation, call 855-694-7803 or visit https://www.bryanfagan.com/schedule/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  6. 2d ago

    Relinquishment vs. Termination of Parental Rights in Texas

    Does signing away your parental rights in Texas actually end them? In this explainer from the Law Office of Bryan Fagan, we break down the critical difference between relinquishment and termination of parental rights, two terms that are often confused but are not the same legal event. Relinquishment is the parent's voluntary act of signing an Affidavit of Voluntary Relinquishment of Parental Rights under Texas Family Code Chapter 161, while termination is the court's binding act that actually severs the parent-child relationship. We walk through the strict formalities the affidavit requires, including the rule that a mother cannot sign until at least 48 hours after the child's birth, the two-witness and notary requirements, and the 11-day revocation window that can turn a change of heart into an irrevocable ground for termination. We explain how judges must find by clear and convincing evidence that termination is in the child's best interest using the Holley factors, and we look at a 2016 appellate case where a trial judge denied termination even though the father had signed an irrevocable affidavit. We also cover why courts typically approve termination alongside stepparent and relative adoptions, why you can never give up your rights just to avoid child support, how past-due child support survives termination, what rights are permanently severed, and why reinstatement is extremely rare. Because these decisions permanently restructure a family, we close with why experienced legal guidance from a Texas family law attorney is essential. To schedule a free consultation, call 855-694-7803 or visit https://www.bryanfagan.com/schedule/. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  7. 2d ago

    Voluntary Termination Hearing in Texas: What to Expect

    What actually happens at a voluntary termination of parental rights hearing in Texas, and does signing an affidavit mean the judge will automatically end your rights? In this episode of the Law Office of Bryan Fagan podcast, we walk through the full process under Chapter 161 of the Texas Family Code, from signing and notarizing the affidavit of relinquishment to filing the termination case, waiting for a hearing, and the required findings a judge must make before signing a final order. We explain what happens inside the courtroom, where the judge reviews the petition, the affidavit, live testimony, the child's current circumstances, and any adoption or permanency plan, and we discuss why the law bars signing an affidavit until at least 48 hours after a child's birth. We also break down the clear and convincing evidence standard, how Texas judges use the Holley factors to evaluate safety, stability, permanency, and the child's emotional and physical needs, and why a judge can deny termination even when both parents agree. From there, we explain how termination and stepparent adoption work together as separate proceedings, why future child support generally ends with the termination order while past-due arrears remain fully enforceable, and how to prepare for the hearing and answer the judge's questions truthfully. If you are preparing for a voluntary termination hearing or considering a stepparent adoption, schedule a free consultation with the Law Office of Bryan Fagan at bryanfagan.com/schedule or call 855-694-7803. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

  8. 3d ago

    Affidavit of Relinquishment: Does It End Your Rights?

    Does signing an affidavit of voluntary relinquishment immediately end your parental rights in Texas? In this episode of the Law Office of Bryan Fagan podcast, we explain why the answer is no and why relinquishing parental rights is a strict two-part process: the parent's affidavit first, then the court's decree. We walk through the execution requirements under Chapter 161 of the Texas Family Code, including the 48-hour waiting period after a child's birth, two credible witnesses, notarization, and the designation of a managing conservator, and explain the difference between revocable and irrevocable affidavits and why drafting mistakes can make an affidavit legally useless. We then cover what happens once the affidavit is submitted, including how judges apply the best interest of the child standard and why they can deny a request to terminate. We also explain why voluntary relinquishment is rarely approved as a standalone exit and is usually tied to a stepparent or relative adoption that gives the child a secure legal family. We close with the financial consequences, explaining that future child support ends when the termination order is signed but past-due arrearages remain owed in full. If you are considering relinquishment, adoption, or another permanent change to parental rights, schedule a free consultation with the Law Office of Bryan Fagan at bryanfagan.com/schedule or call 855-694-7803. This episode is for general informational purposes and does not constitute legal advice. Laws discussed apply to the State of Texas.

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About

Welcome to The Law Office of Bryan Fagan podcast— your trusted source for legal insight and support in Divorce, Family Law, Estate Planning, Criminal Defense, and Personal Injury. Our goal is simple: to empower you with knowledge and confidence when facing life’s toughest legal decisions. We publish clear, informative videos every week—covering everything from navigating a divorce to understanding wills, trusts, custody battles, CPS cases, and more. You’ll get expert guidance directly from attorneys who care. 📞 Need legal help? Call or text us at (281) 606-3374

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