What evidence do you need to prove your legal claim in Texas family court?
This question has been addressed in 2 Texas court opinions:
In the Interest of B.R.H., A Child
COA06 — February 11, 2026
In this modification case, the Sixth Court of Appeals upheld a trial court's order restricting a mother's visitation to supervised, therapeutic-only access after she unilaterally and unnecessarily admitted her child to a psychiatric facility. The appellate court analyzed the child's best interests under the Texas Family Code, weighing expert testimony from a counselor and an in-chambers interview where the child expressed fear of the mother's medical decision-making. The court held that the trial court did not abuse its discretion in limiting the mother’s access, awarding the father exclusive educational rights, and calculating child support based on the mother’s earning capacity instead of her reported income.
Litigation Takeaway
“A parent's unilateral and unwarranted medical or psychiatric decisions can be legally characterized as harmful acts, providing sufficient grounds for a court to restrict that parent to supervised visitation and transfer exclusive decision-making rights to the other parent.”
Mitchell Carter v. Administrator of the Estate of James M. Shumberg, Creg Thompson, Jon Papillon, Ryan Michael Shumberg, and InTown Builders, LLC
COA14 — February 3, 2026
Mitchell Carter sought to establish ownership of four real estate lots in Harris County through claims of adverse possession and his status as a bona fide purchaser. Following a bench trial, the court entered a take-nothing judgment against Carter and quieted title in favor of the defendants. On appeal, the Fourteenth Court of Appeals found that Carter waived his right to findings of fact and conclusions of law by failing to file a mandatory 'Notice of Past Due Findings' under Texas Rule of Civil Procedure 297. Consequently, the court applied the 'implied findings' doctrine, assuming the trial court found all facts necessary to support the judgment. The court affirmed the take-nothing judgment, noting Carter's grantor lacked title to convey and Carter's occupancy was insufficient for adverse possession, though it modified the judgment to strike redundant declaratory relief that duplicated the quiet title action.
Litigation Takeaway
“To preserve an appeal following a bench trial, you must strictly follow the two-step process for Findings of Fact and Conclusions of Law; failing to file a 'Notice of Past Due Findings' creates a presumption that the trial court found every fact against you, making a reversal nearly impossible.”