Texas Divorce Attorney Blog
The Texas Supreme Court has reversed the outcome in a lawsuit filed by the Texas Department of Family and Protective Services seeking termination of a mother’s parental rights. The case proceeded to trial following the child’s removal from the mother’s care based on allegations involving substance abuse and domestic violence towards another child in the home. By the time the case reached trial, however, the Department’s position had changed.
During the trial, the Department’s representative testified twice that the Department was not seeking termination and instead requested conservatorship relief that would appoint the father as sole managing conservator while leaving the mother as a parent non-conservator.
Despite that testimony, the trial court entered a final order terminating the mother’s parental rights. The court of appeals affirmed the termination, concluding that the trial court was not bound by the Department’s statements at trial.
Texas Supreme Court Analysis and Finding
The Texas Supreme Court disagreed, emphasizing that parental-rights termination cases are fundamentally different from other civil disputes. Termination is governed by statute and implicates constitutional interests, and courts must strictly ensure that termination occurs only when the State is actively seeking that result. Tex. Fam. Code § 161.001.
The Court explained that when the Department clearly states on the record that it is no longer seeking termination, and does not later correct or retract that statement, the request for termination has been abandoned.
In that situation, the trial court may not grant termination anyway, even if evidence in the record might otherwise support it. Courts are not permitted to terminate parental rights on their own initiative or based on relief no longer requested. In re B.L.D., 113 S.W.3d 340, 352–53 (Tex. 2003).
The Texas Supreme Court reversed the termination portion of the judgment and remanded the case for entry of an order consistent with the relief actually sought at trial.
When Higher Courts Will Overturn Family Case Outcomes
In child-related family law cases, the higher courts will reverse a lower court’s ruling when the judgment departs from the substantive limits imposed by the Texas Family Law Code, rather than merely reflecting disputed factfinding.
Termination of parental rights, for example, requires proof of a statutory predicate act and best interest by “clear and convincing evidence.” This is a heightened standard designed to protect the parent-child relationship from erroneous deprivation. Tex. Fam. Code § 161.001(b); In re J.F.C., 96 S.W.3d 256, 264 (Tex. 2002).
When a trial court grants termination or custody relief that is not supported by a live statutory basis or exceeds the relief actually sought, the Supreme Court has made clear that reversal is required, not as a matter of procedural error, but to enforce the substantive boundaries of Texas family law. In re B.L.D., 113 S.W.3d at 352.
Consult a Texas Family Law Attorney
If you’re considering appealing the finding in your family law case, McClure Law Group is here to help. One of our qualified family law attorneys can advise you on whether an appeal is appropriate in your case. Set up a consultation with McClure Law Group today by calling (214) 692-8200.