Thomas J. Daley
Thomas J. DaleyKoonsFuller, P.C. - Texas Family Law Powerhouse
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FAQ/Question

Can the same evidence be used for both proving grounds for termination and showing termination is in the child's best interest?

This question has been addressed in 1 Texas court opinion:

In The Interest of K.F.N., K.D.N., and K.N., Children

COA14 — January 29, 2026

The Fourteenth Court of Appeals affirmed a trial court’s order terminating a mother's parental rights based on a history of physical abuse and unresolved substance dependency. Although the mother maintained a documented bond with her children and partially completed her court-ordered service plan, the court applied the Holley factors to determine that the children's needs for safety and stability outweighed the parental relationship. The court held that evidence of the mother’s prior criminal history involving injury to a child and her failure to remain sober during the proceedings was legally and factually sufficient to support the best-interest finding for termination.

Litigation Takeaway

“A parent-child bond does not act as a "veto" against the termination of parental rights; courts prioritize a child's need for a safe, drug-free environment over emotional ties when a parent has a history of endangerment or ongoing substance abuse.”

Thomas J. Daley

Texas Family Law Litigation

Sophisticated litigation strategies for Texas families. Experience, integrity, and results when it matters most.

Targeted Resources

  • Divorcing a Narcissist
  • Dividing Retirement Assets
  • Fathers' Involvement
  • High-Asset Divorce

Contact Info

  • 1-972-769-2727
  • tdaley@txfamlaw.com
  • 5700 W. Plano Parkway Ste 2200, Plano, TX 75093
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