Texas Appeals Court Partially Reverses Parental Rights Termination

Terminating a person’s parental rights is a serious consequence. In Texas, a trial court must find clear and convincing evidence to terminate parental rights. To meet this high standard of proof, the Texas Department of Family and Protective Services (“the Department”) will introduce evidence that termination is in a child’s best interests. However, if the…

Texas Supreme Court Reverses Appeals Courts Parental Rights Decision

A recent Texas Supreme Court case reviewed the termination of a father’s parental rights based in large part on his illegal drug use. The trial court found sufficient evidence to terminate the father’s parental rights, but the appeals court disagreed. The Texas Supreme Court reversed the appeals court decision based on the evidence required to…

Texas Court Sides With Mother In Appeal Highlighting Procedural Hurdles In Family Law Cases

In a recent custody case before the Texas Supreme Court, the mother appealed a trial court’s decision to terminate her parental rights, asking the court to reconsider this ruling. The appellate court originally declined to issue an order on the mother’s appeal, deciding she failed to follow an important procedural step when she filed her appeal. Later,…

Difference Alleged Presumed Father

You may not think that this distinction is important, but in the world of family law it is imperative that you understand the difference.  It could be the difference between you actually being the father of a child in the eyes of the law as well as differing burdens of how to overcome that label…