Fraud does not protect parental rights!

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The Dallas Court of Appeals confirmed the trial court’s findings in a case concerning the termination of a parent’s rights whereby fraud was used to induce the parent to relinquish.  In RE: C.T.C. a mother used fraud to get the father to relinquish his rights.  The mother argued that Sec. 161.211(a) of the Texas Family Code provides that the father had only 6 months from the date the termination order was signed.  The father argued that the statute was not intended when fraud was used to procure a relinquishment.  The trial court agreed with the mother and they dismissed the father’s petition for bill of review for lack of jurisdiction.  This Sec. 161.211(a) provides that in certain circumstances a termination of parental rights is not subject to collateral or direct attack after six months and the Court of Appeals says that it doesn’t matter if fraud was used. For More information see the Case Findings.

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