Here, the aforementioned abuse of KN and endangerment to which all the children were exposed, the medical or dental neglect suffered by the children, the educational neglect they experienced, Mother's refusal to participate in services to improve her parenting skills, the parental decision to move the family to Louisiana to evade the Department's supervision over the children, Mother's anger issues exemplified by the physical punishment inflicted on KN, and her screaming threats publicly in a Walmart against someone who reported an instance of abuse to the Department constitute evidence from which the jury (and court) could determine that appointing Mother as managing conservator would not serve the best interests of the children since it would significantly impair the children's physical health or emotional development.See In re E.M.T., No. 04-18-00805-CV, 2019 Tex.App. LEXIS 2358, at *7 (Tex. App.—San Antonio Mar. 27, 2019, no pet.) (mem. op.) (noting evidence of the parent's anger and use of physical discipline as factors indicating the appointment of the parent as managing conservator would significantly impair the child's physical health and emotional development).
However, if the trial court fails to do so, the party must file a timely notice of past due findings in order to preserve a complaint on appeal as to the trial court's failure to make findings of fact and conclusions of law. Ad Villarai, LLC, 519 S.W.3d at 137; In re E.M.T., No. 04-18-00805-CV, 2019 WL 1370323, at *3 (Tex. App.-San Antonio Mar. 27, 2019, no pet.). By failing to file a notice of past due findings of fact and conclusions of law, Mother waived her right to complain on appeal about the trial court's failure to make the requested findings and conclusions.
"Under that standard, legal and factual sufficiency of the evidence are not independent grounds for asserting error, but are relevant in assessing whether the requisite abuse of discretion is present." In re E.M.T., No. 04-18-00805-CV, 2019 WL 1370323, at *2 (Tex. App.-San Antonio Mar. 27, 2019, no pet.) (mem. op.). "A trial court abuses its discretion if it acts arbitrarily, unreasonably, or without reference to any guiding rules or principles."
See In re T.M., No. 02-19-00114-CV, 2019 WL 4010226, at *6 (Tex. App.—Fort Worth Aug. 26, 2019, pet. denied) (mem. op.); In re E.M.T., No. 04-18-00805-CV, 2019 WL 1370323, at *3 (Tex. App.—San Antonio Mar. 27, 2019, no pet.) (mem. op.); Watts v. Oliver, 396 S.W.3d 124, 131 (Tex. App.—Houston [14th Dist.] 2013, no pet.); see also Las Vegas Pecan, 682 S.W.2d at 256. 2. Erroneously Omitted Findings Under Family Code Section 154.130
"Under that standard, legal and factual sufficiency of the evidence are not independent grounds for asserting error, but are relevant in assessing whether the requisite abuse of discretion is present." In re E.M.T., No. 04-18-00805-CV, 2019 WL 1370323, at *2 (Tex. App.—San Antonio Mar. 27, 2019, no pet.) (mem. op.). "A trial court abuses its discretion if it acts arbitrarily, unreasonably, or without reference to any guiding rules or principles."