Kellie Price Law, PLLC is pleased to announce that its first-ever court-appointed termination of parental rights appeal has resulted in a reverse and remand set for publication by the 11th Court of Appeals. While the Court concluded that the single instance of alleged domestic violence in the child’s presence (as told to the investigator by Mother, who tragically passed away prior to the final trial) was sufficient evidence of (D) ground (even though Father denied the violence in his testimony), that single incident was not sufficient to prove best interest, especially where there was no evidence that Father was arrested or charged. Additionally, Father’s remote felony convictions three decades before the child was born was not sufficient to show a present or future danger to the child. The Court further credited Father for his genuine efforts to address the Department’s concerns. The child’s clear bond with Father also weighed in favor of preservation of the parent-child relationship. The conservatorship issue was wrapped up in termination and not separately developed at trial, so that was also remanded. This case is covered in the upcoming Caselaw Roundup, scheduled to go out later today.
