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Court accepts father's voluntary relinquishment as filed; prove-up for mother's relinquishment set for April 3
Summary
A judge accepted into evidence a father's voluntary affidavit of relinquishment filed March 18 and scheduled a resumption on April 3 to complete proof and to adjudicate and proceed toward termination based on that relinquishment.
A judge in the High Plains Child Protection Court accepted a father's executed, witnessed and notarized voluntary affidavit of relinquishment filed March 18 and said the court will adjudicate parent–child relationship and proceed to terminate parental rights based on the father's relinquishment. The court admitted the affidavit into evidence as petitioner exhibit 13.
At the hearing, attorneys and a DFPS representative said the father had signed and filed a relinquishment and that the court could take judicial notice of the affidavit. The father was described as being in Potter County Jail at the time he signed the document; the mother also indicated she intends to sign a relinquishment but that logistical issues — including the mother's being held at an interim secure facility in Henderson, Texas — meant counsel needed additional time to notarize and file it.
Court rulings and scheduling The judge took judicial notice of the affidavit in support of removal and the father's voluntary affidavit of relinquishment, admitted the father's affidavit into evidence, and said she would accept the father's relinquishment and adjudicate parentage at the next appearance. The court set a resumption date of April 3 at 9:00 a.m. to take testimony and complete the remaining prove-up, with the expectation that the father's relinquishment would be finalized and the mother's relinquishment would be filed in the interim.
Additional details on logistics Attorneys noted the mother is in custody and was transferred to an interim secure facility; counsel estimated needing about two weeks to secure a notarized signed relinquishment from the mother and asked the court for a brief recess to allow that process. DFPS attorneys said they were prepared to accept the mother's relinquishment if obtained. A Saint Francis witness later confirmed the father's affidavit was executed, witnessed and notarized and filed on March 18.
Ending The court indicated it will accept the father's relinquishment and proceed with termination at the resumption; parties will return April 3 at 9:00 a.m. to complete the remaining proof and finalize any additional filings.
