What is constructive abandonment and how do you prove it in Texas?
This question has been addressed in 2 Texas court opinions:
In the Interest of S.A., A.A., A.L.A., Children
COA13 — February 5, 2026
The Thirteenth Court of Appeals affirmed the termination of parental rights for M.R. and B.J.A. after their three children were found to have suffered severe physical abuse, neglect, and drug exposure. Despite the mother’s technical completion of some service plan requirements, the court found that her failure to secure stable housing, inconsistent visitation, and lack of accountability for the children's injuries—including a fractured tibia and positive drug tests—created a continuing endangering environment. The court held that under the Texas Family Code, the evidence of endangering conduct and environments was clear and convincing, and termination was in the best interest of the children.
Litigation Takeaway
“Simply 'checking the boxes' of a court-ordered service plan is not enough to prevent the termination of parental rights; Texas courts require evidence of actual behavioral change and a demonstrated ability to provide a safe, stable environment.”
In the Interest of G.M.D. & V.D., Children and In the Interest of Z.J.M., A Child
COA01 — January 29, 2026
The First Court of Appeals affirmed a trial court's decision to terminate a mother’s parental rights to her three children. The case centered on the mother's long history of heroin addiction and untreated mental health crises, including a suicide attempt occurring while the children were present. In its analysis, the appellate court first determined that because the mother failed to challenge every legal "predicate ground" cited by the trial court in her appeal, those unchallenged findings became binding. Furthermore, applying the 'Holley' factors, the court found that the mother's recurring drug relapses and mental instability posed a significant danger to the children, making termination necessary for their safety and best interests.
Litigation Takeaway
“When appealing a termination of parental rights, an appellant must challenge every individual predicate ground found by the trial court; failing to contest even one ground can lead to an automatic affirmance. Additionally, evidence of chronic substance abuse and untreated mental illness remains a powerful factor in establishing that termination is in a child's best interest.”