in the Interest of J.G., D.G., and C.G., Children

412 S.W.3d 83, 2013 Tex. App. LEXIS 11666, 2013 WL 5015140
Court of Appeals of Texas·Decided September 12, 2013·No. 02-12-00085-CV·Published·Cited by 5 cases

Opinions

OPINION

ANNE GARDNER, Justice.

I. Introduction

Appellants J.C. and C.C. appeal the trial court’s denial of their petition to adopt three children, J.G., D.G., and C.G. Appellants contend in three issues that the trial court abused its discretion by denying their petition, by misapplying the best interest of the child standard, and by denying their appeal of the visiting judge’s order. No appellee’s brief was filed in this appeal. We reverse and remand.

II. Background

C.C. is the biological mother of the three children, but her parental rights to the children were terminated by court order in December 2007. After C.C.’s parental rights were terminated, the children’s great-grandparents were named as the children’s permanent managing conservators.1 The final order of termination states that C.C. did not appear for trial either in person or through counsel.

Appellants were married on August 22, 2009. They filed this suit for adoption of the three children on September 22, 2010: At the time of filing, the children had lived with Appellants for more than two years.

Appellants both testified at the final hearing on November 23, 2011. C.C. testified that she is married to J.C. and that she is the biological mother of J.G., D.G., and C.G. At the time of the final hearing, J.G. was fourteen, C.G. was twelve, and D.G. was nine. C.C. testified that the three children had lived with her and J.C. for at least six months before the commencement of the adoption suit and that the three children resided with her and J.C. at the time of the final hearing. •

C.C. testified that her parental rights to the three children had been terminated by a court in 2007 and that drugs, specifically methamphetamines, were a problem for her at the time. The parental rights of the children’s biological father had been terminated at the same time. C.C. testified, though, that her “whole life has changed,” that she and J.C. now regularly participate in their church, that they teach and work with children, that she and J.C. had each been tested for drug use at the beginning of this case, and that the results were negative. C.C. testified that she was asking the court to grant an adoption of all three children by Appellants and that adoption would be in the children’s best interest.2

At the end of C.C.’s testimony, the trial court asked C.C. who had initiated the suit to terminate her parental rights, and C.C. testified that she believed it to be CPS. C.C., however, denied having received any court papers related to the termination case, testifying that her grandparents had contacted her to say that her rights had [86] been terminated. But in response to another of the trial court’s questions, C.C. also said that she had received a service plan for the CPS case. When the trial court asked why CPS had gotten involved in her life, C.C. testified that she had been using drugs.

J.C. then testified and basically reiterated C.C.’s testimony, including that he believed adoption was in the children’s best interest. At the conclusion of J.C.’s testimony, the trial court expressed its opinion that C.C. had not been as forthcoming with her testimony about the CPS case as the court had hoped she would be and asked counsel to provide the court with the paperwork from the termination case. Among other things, the trial court stated that “using drugs isn’t what it takes to get CPS in your life. Using drugs and a problem with your children is what gets CPS in your life.” The trial court later stated that it was “going to know what went on with the children beforehand before I let this lady who gave them up adopt them.”3

Several other documents were in the trial court’s file at the time of the. final hearing and are included in the clerk’s record in this appeal. Among them are waivers of citation and consents to adoption filed by Grandmother and Grandfather, who were still serving as the children’s permanent managing conservators. In those documents, Grandmother and Grandfather each expressly consented to the children’s adoption by Appellants.

Also within the court’s file was a report prepared by Sandy Russell, the person the trial court had appointed as “evaluator to make and prepare a preadoptive social study and postplacement adoptive social study to evaluate the parties.” Russell filed her report with the trial court in January 2011, almost ten months before the final hearing.

Russell’s report states that Grandmother “started letting the children see their mother once [Grandmother] saw that [C.C.] was changing her life,” that Appellants lived next door to Grandparents, and that the children had resided with Appellants since July 2008. Russell also reported that “[a]ll three children are in excellent health and [that] their immunizations .are current.” Russell wrote that C.C. does not work outside the home and that she is at home when the children return from school each day. C.C. is also “very active in the church” and “teaches a children’s class.” Russell also reported that “[a]ll of the children stated they want this adoption very much.”

Russell’s report also includes a favorable description of J.C. as well as Appellants’ home environment. Among other things, Russell reported that

[J.C.] and [C.C.] provide a good family unit for their family. The family is active in their church, the children’s athletic events[,] and watching movies together. [C.C.] considers herself to be a loving parent and states that the children are the most important people in her life. Both parents stated that the children are very well behaved and usually react well to verbal punishment and that they usually use' the grounding method. The children were interviewed separately and all stated that they very much want the adoption. They love being with their mom and stated [J.C.] is [a] good dad.
[[Image here]]
[87] [The children] are healthy children who are glad to be reunited with their mom and are lucky that [Grandmother] was able to keep the family together and is still in their daily lives. [J.C.] loves them and they appear to return his affections. [J.C.] and [C.C.] are aware of how fast life can change and want to protect their .family emotionally as well as financially.
[[Image here]]
[Grandmother] was interviewed by phone on January 7, 2011. [She] states that she feels that [C.C.] has turned her life around[,] and she sees how happy the children are on a daily basis. They love their mom and [J.C.] very much. She stated when the children were separated from their mom that they cried for her often. [Grandmother] stated that she made the decision to let the children live with their mom when she straightened] her life up and became a responsible parent again.
All references responded favorably and stated [J.C.] and [C.C.] are good parents. They are active with their children in church and school activities.
[[Image here]]

Free access — add to your briefcase to read the full text and ask questions with AI

in the Interest of J.G., D.G., and C.G., Children, 412 S.W.3d 83, 2013 Tex. App. LEXIS 11666, 2013 WL 5015140 (Tex. Ct. App. 2013).

412 S.W.3d 83 (in the Interest of J.G., D.G., and C.G., Children) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gabriela Castro v. Jessie Contreras
Court of Appeals of Texas, 2022
in the Interest of M.J.P.
Court of Appeals of Texas, 2016
in the Interest of K.D.H., a Child
426 S.W.3d 879 (Court of Appeals of Texas, 2014)