In the Interest of M.C.

482 S.W.3d 675, 2016 Tex. App. LEXIS 204, 2016 WL 145844
CourtCourt of Appeals of Texas
DecidedJanuary 11, 2016
DocketNo. 06-15-00064-CV
StatusPublished
Cited by53 cases

This text of 482 S.W.3d 675 (In the Interest of M.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of M.C., 482 S.W.3d 675, 2016 Tex. App. LEXIS 204, 2016 WL 145844 (Tex. Ct. App. 2016).

Opinion

OPINION

Opinion by

Justice Moseley

Jade’s continued involvement with drugs, including her use of and dealing in them, which resulted in her incarceration, was the apparent precipitating cause of the termination of Jade’s parental .rights to her three children,- M.C., K.G., and K.L.G.1 The father of one of the children is deceased, and the parental rights of the fathers of the other two children had previously been terminated.

The trial concerning the termination of Jade’s parental rights was a bench trial wherein the trial court ordered termination. Jade has effected this appeal wherein she contends that the evidence is legally and'factually insufficient to support the trial court’s findings that she committed one or more acts prescribed by statute to justify termination and that termination was in the best interests of the children. See Tex. Fam.Code Ann. § 161.001(b)(1)(E), (O), (2) (West Supp.2015). We affirm the trial court’s judgment because we find (1) that sufficient evidence supports at least one finding of a statutory ground for termination of Jade’s parental rights to the children and (2) that sufficient evidence supports the trial, court’s finding that termination was , in the best interests of the éhildren,

I. Standard of Review

The United States Supreme Court has acknowledged that the right of a parent to maintain custody of and raise her child “is an interest far more precious than any property right.” Santosky v. Kramer, 455 U.S. 745, 758-59, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). The Texas Supreme Court agrees with this assessment and has held that a parent’s interest in maintaining custody of and raising her children is paramount. In re J.F.C., 96 S.W.3d 256, 273 (Tex.2002); Holick v. Smith, 685 S.W.2d 18, 20 (Tex.1985); In re G.M., 596 S.W.2d 846, 846 (Tex.1980). “Because the termination of parental rights implicates fundamental interests, a [680]*680higher standard of proof — clear and convincing evidence — is required at trial.” In re A.B., 437 S.W.3d 498, 502 (Tex.2014). We, therefore, “engage in an exacting review of the entire record to determine if the evidence is ... sufficient to support the termination of parental rights.” Id. at 500. Further, “involuntary termination statutes are strictly construed in favor of the parent.’” In re S.K.A., 236 S.W.3d 875, 900 (Tex.App.—Texarkana 2007, pet. denied) (quoting Holick, 685 S.W.2d at 20). An individual’s parental rights to her child may only be terminated if the trial court finds,, “by clear and convincing evidence, the existence of both of the following statutory requirements: (1) that the parent has engaged in one of the statutory grounds for termination and (2) that termination is in the child’s best interest.” In re C.A.J., 459 S.W.3d 175, 178 (Tex.App.—Texarkana 2015, no pet.) (citing Tex. Fam.Code Ann. § 161.001 (West Supp.2015); In re E.N.C., 384 S.W.3d 796, 798 (Tex.2012); In re C.H., 89 S.W.3d 17, 23 (Tex.2002))., “Clear and convincing evidence” is that “degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” Tex. Fam.Code Ann. § 101.007 (West 2014); see In re J.O.A., 283 S.W.3d 336, 344 (Tex.2009).

In our legal sufficiency review, we consider all the evidence in the light most favorable to the findings to determine whether the fact-finder reasonably could have formed a firm belief or conviction that the grounds for termination were proven. E.N.C., 384 S.W.3d at 802-03 (citing In re J.F.C., 96 S.W.3d 256, 266 (Tex.2002)); In re J.P.B., 180 S.W.3d 570, 573 (Tex.2005) (per curiam); C.A.J., 459 S.W.3d at 178. We assume the trial court, acting as fact-finder, resolved disputed facts in favor of the finding, if a reasonable fact-finder could do so, and disregarded evidence that the fact-finder could have reasonably disbelieved or the credibility of which reasonably could be doubted. E.N.C., 384 S.W.3d at 802-03 (citing J.F.C., 96 S.W.3d at 266); J.P.B., 180 S.W.3d at 573; C.A.J., 459 S.W.3d at 179,

In our factual sufficiency review, due consideration is givén to evidence the trial court could have reasonably found to be clear and convincing. In re H.R.M., 209 S.W.3d 105, 109 (Tex.2006) (per curiam). We determine “‘whether the evidence is such' that a fáct[-]fínder could reasonably form a firm belief or conviction about the truth of the [ ] allegations.’” Id. at ’ 108 (second alteration in original) (quoting C.H., 89 S.W.3d at 25).' “If, in light of the entire record, the disputed evidence that a reasonable fact[-]finder could not have credited in favor of the finding is so significant that a fact[-]finder could not reasonably have formed a firm belief or conviction, then the evidence is factually insufficient.” In re J.F.C., 96 S.W.3d 256, 266 (Tex.2002). Conversely, if the evidence is such that a reasonable fact-finder could have reasonably resolved any conflicts to form a firm conviction that grounds for termination exist, then the evidence is factually sufficient, and the termination findings must be upheld. C.H., 89 S.W.3d at 18-19; C.A.J., 459 S.W.3d at 179. “[I]n making this determination,” we must undertake “ ‘an exacting review of the entire record with a healthy regard for the constitutional interests at stake.’ ” A.B., 437 S.W.3d at 503 (quoting C.H., 89 S.W.3d at 26). We also recognize that “ ‘the rights of natural parents are not absolute; protection of the child is paramount.... The rights of parenthood are accorded only to those fit to accept the accompanying responsibilities.’ ” In re A.V., 113 S.W.3d 355, 361 (Tex.2003) (quoting In re J.W.T., 872 S,W.2d 189, 195 (Tex.1994) (citation omitted)). The child’s [681]*681emotional and physical interests will not be sacrificed merely to preserve parental rights. C.H., 89 S.W.3d at 26.

“Only one predicate finding under Section 161.001(1) is necessary to support a judgment of termination when there is also a finding that termination is in the child’s best interest.” In re O.R.F., 417 S.W.3d 24, 37 (Tex.App.—Texarkana 2013, pet. denied) (citing A.V., 113 S.W.3d at 362); In re A.W.,335 S.W.3d 767, 769 (Tex.App.—Texarkana 2011, no pet.)); see In re N.R., 101 S.W.3d 771, 775 (Tex.App.—Texarkana 2003, no pet.).

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

Related

Lindsey Nadine Warner v. Travis Neal Troutman
Court of Appeals of Texas, 2024

Cite This Page — Counsel Stack

Bluebook (online)
482 S.W.3d 675, 2016 Tex. App. LEXIS 204, 2016 WL 145844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-mc-texapp-2016.