Texas Divorce Attorney Blog
Texas appellate courts apply a strict and high standard when reviewing orders terminating parental rights. Once a jury finds statutory grounds for termination under Texas Family Code § 161.001 and the trial court enters judgment supported by clear and convincing evidence, reversal on appeal becomes difficult absent a significant procedural or legal error. Tex. Fam. Code § 161.001(b); In re J.F.C., 96 S.W.3d 256 (Tex. 2002).
A recent decision from the Third Court of Appeals in Austin demonstrates this exacting standard. In B.B. v. Texas Department of Family and Protective Services, the court affirmed a jury verdict terminating a mother’s parental rights after her own appointed appellate counsel filed what is known as an Anders brief, advising the court that no non-frivolous grounds for appeal existed. B.B. v. Texas Department of Family and Protective Services, No. 03-25-00649-CV (Tex. App.—Austin Jan. 8, 2026).
The Jury Findings and the Anders Brief
The appeal arose from a termination proceeding in Travis County involving child endangerment allegations supporting termination under Texas Family Code § 161.001(b)(1)(D) and (E). Those provisions authorize termination when a parent knowingly places a child in conditions that endanger the child’s physical or emotional well-being or engages in conduct that endangers the child. After a jury trial, the district court found by clear and convincing evidence that statutory grounds for termination existed and that termination was in the children’s best interest.
On appeal, the mother’s court-appointed attorney did not raise substantive appellate issues. Instead, counsel filed an Anders brief, a motion where an attorney requests the court allow them to withdraw from the appeal because the appeal was filed without a legitimate legal basis. Under the Anders framework, counsel must conduct a professional review of the record and explain why no arguable basis for reversal exists. Anders v. California, 386 U.S. 738 (1967).
Why Texas Termination Appeals Are Difficult to Reverse
Texas law requires clear and convincing evidence before parental rights may be terminated. The petitioner must prove both a statutory ground for termination and that termination is in the child’s best interest. (Tex. Fam. Code § 161.001(b); Santosky v. Kramer, 455 U.S. 745 (1982).
Even so, appellate courts give substantial deference to the jury and trial court once those findings are made. On appeal, courts do not retry the case or reweigh witness credibility. Instead, they review the existing record to determine whether legally sufficient evidence supports the judgment.
That standard makes reversal difficult in many termination cases. If objections were not preserved at trial or the record contains evidence supporting the jury’s findings, appellate courts will rarely disturb the judgment. Tex. R. App. P. 33.1.
If You Have Questions About Termination of Parental Rights, Consult a Dallas Attorney
Termination cases are often won or lost at the trial-court level. At McClure Law Group, our child custody attorneys ensure that all arguments and evidence are presented in the trial court so that an appropriate child custody agreement is in place. Whether you’re facing complex custody or termination proceedings or just starting your custody process, our qualified child custody attorneys can assist. Call (214) 692-8200 or use our online form to set up your consultation.