Legal Question in Family Law in Texas

I have been awarded managing conservator of my daughter who is 6. The court named her mother as possessory conservator. They also found pursuant to Texas Family Code 153.004 (d) that the mother having access to the child would endanger the child's physical health or emotional health and is not in the best interest of the child.

I agree with the court, and I am interested in terminating the mother's parental rights completely. Can I use the court's findings from Texas Family Code 153.004(d) to show that her parental rights should be terminated in the best interest of the child?


Asked on 5/14/13, 3:53 pm

1 Answer from Attorneys
Thomas Daley KoonsFuller PC

You need to allege and prove one of the bases for termination contained in Tex. Family Code 161.001. If you want to use the court's rulings in the current case, file a request for findings of fact and conclusions of law. Those findings of fact will be res judicata in a subsequent termination proceeding.

Good luck!!

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Answered on 5/14/13, 8:24 pm


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