Texas Divorce Attorney Blog
A recent opinion from the Texas Supreme Court addresses an important limitation on the State’s authority in parental termination cases involving domestic violence. Although Texas law requires parents to protect their children from abusive environments, the Court reaffirmed that the Texas Department of Family and Protective Services (DFPS) cannot require a parent to divorce an abusive spouse as a prerequisite to retaining parental rights. Rather, termination must rest on the statutory requirements established by the Texas Family Code and the evidence presented in the individual case. In re H.S., B.S., and M.S., Children, No. 24-0307 (Tex. June 5, 2026).
Background of the Case
DFPS became involved with a family following repeated incidents of domestic violence between the parents. The record reflected that the father physically assaulted the mother on multiple occasions, including sexually touching her, threatening her with a firearm, damaging property during violent outbursts, and engaging in self-harming behavior in the presence of the children.
After removing the children from the home, DFPS implemented family service plans requiring both parents to complete counseling, parenting classes, psychological evaluations, and other services intended to address the Department’s concerns. During the pendency of the case, the mother consistently participated in services and maintained regular contact with the children.
She also sought counseling, obtained protective orders following some incidents of abuse, and acknowledged the father’s violent behavior. However, she continued expressing hope that the marriage could be repaired, a fact that became a significant issue throughout the litigation.
Trial and Appeals Court Holdings
At trial, DFPS argued that the mother’s continued commitment to the marriage demonstrated an inability to protect the children from future harm. The Department maintained that because she had repeatedly reconciled with the father after prior incidents of abuse, she could not provide a safe and stable environment if the children were returned to her care.
A jury ultimately found statutory grounds to terminate both parents’ parental rights and further found that termination was in the children’s best interests. The trial court entered judgment on the jury’s verdict. The Court of Appeals affirmed the judgment.
Texas Supreme Court Review
The Texas Supreme Court drew an important distinction. While it agreed that the father’s conduct supported terminating his parental rights, it concluded that the evidence against the mother was materially different.
The Court held that DFPS had not established by clear and convincing evidence that terminating the mother’s parental rights was in the children’s best interests, particularly in light of her participation in services, the evidence of her efforts to address the domestic violence, and the improper weight placed on her decision not to end the marriage immediately.
The Court therefore reversed the termination order as to the mother while affirming the judgment as to the father.
Texas Law Does Not Require Parents to End Their Marriage
One of the most significant aspects of the Court’s opinion was its rejection of the argument that the mother should lose her parental rights because she initially remained committed to her marriage.
The Supreme Court reiterated that Texas law does not permit the State to force a parent to choose between remaining married and maintaining a legal relationship with their children. Instead, termination must be based on the statutory grounds established by the Texas Family Code and supported by clear and convincing evidence. Tex. Fam. Code § 161.001(b).
Under the Texas Family Code, parental rights may be terminated if a parent knowingly places or allows a child to remain in endangering conditions or knowingly places the child with a person who engages in conduct that endangers the child’s physical or emotional well-being.
In other words, the legal question is not whether a parent remains married. Rather, the question is whether the parent took reasonable steps to protect the children from an abusive environment.
McClure Law Group Represents Parents in Complex Custody Matters
Custody matters are always difficult, but those involving domestic violence allegations require additional care and qualified counsel. At McClure Law Group, our child custody attorneys are prepared to handle domestic violence-related cases dealing with DFPS, restraining orders, and other complicated situations. To schedule a confidential consultation with our team, call (214) 692-8200.