Texas Divorce Attorney Blog
The Texas Supreme Court recently denied review in a child custody case, leaving the underlying appellate decision fully intact without a written explanation, in In the Interest of E.A.G., No. 09-24-00174-CV (Tex. App.—Beaumont 2025). The order stresses an important facet of Texas family law: in most custody and parental-rights cases, the court of appeals is effectively the final stop in the litigation process.
The denial also reflects the limited circumstances in which the Texas Supreme Court exercises discretionary review over family law matters, even where the stakes involve termination of parental rights or long-term conservatorship determinations.
The Underlying Appeal
The underlying proceedings in In the Interest of E.A.G. involved a child-related dispute arising from termination proceedings brought by the State of Texas. The Ninth Court of Appeals reviewed the trial court’s judgment and ultimately affirmed the termination order.
The appeal also involved the filing of an Anders brief by appellate counsel. Under Texas procedure, an Anders brief is filed when appointed counsel concludes, after reviewing the record, that the appeal presents no non-frivolous grounds for reversal. Anders v. California, 386 U.S. 738 (1967).
In affirming the judgment, the appellate court agreed that no arguable reversible error existed in the record. The mother nevertheless continued seeking additional review in the Texas Supreme Court, but the Court denied the petition without comment.
Most Texas Family Law Appeals End at the Court of Appeals
That procedural history reflects an important limitation in Texas appellate practice. Parties are entitled to appellate review, but appellate courts are not vehicles for repeatedly re-litigating the same issues in hopes of obtaining a different outcome, absent identifiable legal error.
Instead, parties must file a petition for review asking the Supreme Court to exercise discretionary jurisdiction. Under the Texas Rule of Appellate Procedure, the Court generally grants review only where the case presents an important legal issue, conflicts with existing authority, or requires clarification of Texas law. Tex. R. App. P. 56.1.
That standard creates a significant procedural hurdle in family law cases because many disputes involve fact-intensive questions unique to the parties involved. These disputes must be addressed at the trial court level.
Trial courts receive substantial discretion in matters involving conservatorship, possession, and best-interest determinations, and appellate courts often defer to those findings absent a clear abuse of discretion. As a result, even highly contested parental-rights cases frequently conclude at the court of appeals level.
The Standard of Review Matters in Texas Custody and Termination Cases
Termination cases involve additional constitutional protections because termination permanently severs the parent-child relationship. Under Section 161.001 of the Texas Family Code, the Department or petitioner must establish both a statutory ground for termination and that termination is in the child’s best interest by clear and convincing evidence. Tex. Fam. Code § 161.001. Even so, the existence of a heightened burden of proof does not guarantee Texas Supreme Court review after the court of appeals issues its opinion.
Contact a Dallas Family Law Attorney for Your Child Custody Matters
Whether you’re considering bringing your child custody decision to a Texas appellate court or you’re preparing to have your case heard in a trial court, you need qualified counsel. At McClure Law Group, our child custody attorneys are well-versed in strategies at both court levels. Let’s discuss the specifics of your case; call our team at (214) 692-8200 or contact us online.