In re Interest of S.M.G.

14 Citing cases

  1. J.Y. v. Tex. Dep't of Family & Protective Servs.

    No. 14-20-00835-CV (Tex. App. May. 10, 2022)   Cited 1 times

    For continuity, we refer to the appellant using the same pseudonym employed in the termination case. See In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.). We affirm the portion of the judgment dismissing the bill-of-review proceeding with prejudice and ordering J.Y. to pay the adoptive parents $1,500 as a sanction for signing the verification of the petition that brought this groundless action in bad faith.

  2. In re C.J.P.

    No. 04-24-00458-CV (Tex. App. Dec. 23, 2024)

    "The evidence supporting the statutory grounds for termination may also be used to support a finding that the best interest of the child warrants termination of the parent-child relationship." In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *6 (Tex. App.-Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.). Moreover, "[d]omestic violence may be considered in analyzing the best interest of the child."

  3. In re H.M.

    No. 01-24-00396-CV (Tex. App. Nov. 21, 2024)

    Tex. Fam. Code Ann. § 161.207(a); see also In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *8 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.)

  4. In re N.L.S.

    No. 01-23-00297-CV (Tex. App. Oct. 12, 2023)   Cited 2 times

    The Texas Family Code provides that "[i]f the court terminates the parent-child relationship with respect to both parents or to the only living parent, the court shall appoint a suitable, competent adult, [DFPS], or a licensed child-placing agency as managing conservator of the child." TEX. FAM. CODE ANN. § 161.207(a); see also In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *8 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.) ("When the parents' parental rights have been terminated, [Texas] Family Code section 161.207 governs the appointment of a managing conservator.").

  5. In re J.H.

    No. 01-22-00629-CV (Tex. App. Feb. 23, 2023)   Cited 9 times

    The Texas Family Code provides that "[i]f the court terminates the parent-child relationship with respect to both parents or to the only living parent, the court shall appoint a suitable, competent adult, [DFPS], or a licensed child-placing agency as managing conservator of the child." TEX. FAM. CODE ANN. § 161.207(a); see also In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *8 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.) ("When the parents' parental rights have been terminated, [Texas] Family Code section 161.207 governs the appointment of a managing conservator.").

  6. In re S.M.G.

    No. 01-22-00552-CV (Tex. App. Oct. 4, 2022)   Cited 1 times

    Appellant previously appealed from the trial court's January 5, 2017 order on January 23, 2017, which was affirmed by this Court. See In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *9 (Tex. App.-Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.). Appellant is not entitled to a second appeal from the trial court's January 5, 2017 order.

  7. In re K.A.

    640 S.W.3d 898 (Tex. App. 2022)

    A parent's conduct before and after a child's birth and removal may be considered when assessing the appropriateness of termination. In re S.M.G. , No. 01-17-00056-CV, 2017 WL 2806332, at *4-5, 2017 Tex. App. LEXIS 5981, at *11 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.); In re J.E. , No. 07-12-00449-CV, 2013 WL 441093, at *2-3, 2013 Tex. App. LEXIS 1063, at *7 (Tex. App.—Amarillo Feb. 5, 2013, no pet.) (mem. op.)

  8. In re O.J.P.

    No. 01-21-00163-CV (Tex. App. Sep. 21, 2021)   Cited 10 times

    The Texas Family Code provides that "[i]f the court terminates the parent-child relationship with respect to both parents or to the only living parent, the court shall appoint a suitable, competent adult, [DFPS], or a licensed child-placing agency as managing conservator of the child." TEX. FAM. CODE ANN. § 161.207(a); see also In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *8 (Tex. App.- Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.) ("When the parents' parental rights have been terminated, [Texas] Family Code section 161.207 governs the appointment of a managing conservator."). Generally, we review a trial court's conservatorship determination for an abuse of discretion.

  9. In re C.A.J.

    NO. 01-19-00704-CV (Tex. App. Jan. 26, 2021)   Cited 3 times

    TEX. FAM. CODE ANN. § 161.207(a); see also In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *8 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.) ("When the parents' parental rights have been terminated, [Texas] Family Code section 161.207 governs the appointment of a managing conservator."). Generally, we review a trial court's conservatorship determination for an abuse of discretion.

  10. In re D.D.M.

    NO. 01-18-01033-CV (Tex. App. May. 2, 2019)

    Id. (holding subsection (E) termination justified by mother's untreated bipolar disorder and depression, use of drugs while she had custody of other child, lack of stable home, and drug use after removal); In re J.V.B., No. 01-17-00958-CV, 2018 WL 2727732, at *7-8 (Tex. App.—Houston [1st Dist.] June 7, 2018, pet. denied) (mem. op.) (holding subsection (E) termination justified by parents neglect of child's medical needs, failure to provide basic needs, and drug use both before and after removal); In re S.M.G., No. 01-17-00056-CV, 2017 WL 2806332, at *4-5 (Tex. App.—Houston [1st Dist.] June 29, 2017, pet. denied) (mem. op.) (holding subsection (E) termination justified by mother's drug use before removal that resulted in incarceration, father's possession of child while he manufactured and used methamphetamine, mother's subsequent arrest for public intoxication in presence of child, and mother's testing positive for illicit drugs post removal); In re L.L.P., No. 01-16-00699-CV, 2017 WL 817167, at *7-9 (Tex. App.—Houston [1st Dist.] Mar. 2, 2017, pet. denied) (mem. op.) (holding subsection (E) termination justified by mother's repeated leaving of two-week old and eight-year old in care of fourteen-year old, mother's testing positive for cocaine after vehicle accident that injured child, mother refusing to participate in family-service plan, and drug use after removal). The case law suggests that a parent's drug use alone is insufficient to terminate a parent-child relationship under subsection (E).