What is the standard of review for appeals in Texas family law cases?
This question has been addressed in 32 Texas court opinions:
In The Interest of P.Y., A Child
COA14 — February 10, 2026
In this case, an incarcerated father appealed the termination of his parental rights, challenging whether the Department of Family and Protective Services made 'reasonable efforts' to reunite him with his child and whether his criminal history constituted 'endangering conduct.' The Fourteenth Court of Appeals first determined that the father waived his right to complain about the trial court's lack of specific statutory findings because he failed to request additional or amended findings at the trial level. Analyzing the merits, the court found that the father's extensive criminal trajectory—including juvenile aggravated robbery and adult community supervision violations—established a persistent course of conduct that endangered the child's well-being. The court affirmed the termination, holding that procedural preservation rules apply to new statutory finding requirements and that incarceration does not shield a parent from an endangerment finding when a history of criminal conduct exists.
Litigation Takeaway
“To preserve a challenge regarding a trial court's failure to make specific findings under the Texas Family Code, a party must timely file a request for additional or amended findings; otherwise, the error is waived. Additionally, a parent's 'course of conduct' for endangerment purposes includes juvenile adjudications and parole violations, and the Department's duty to provide services is tempered by the practical realities of prison restrictions.”
In The Interest of M.H., A Child
COA01 — February 19, 2026
The First Court of Appeals affirmed a trial court's decree terminating a mother's parental rights following her persistent substance abuse and failure to engage in a court-ordered service plan. The mother tested positive for cocaine and marijuana multiple times and failed to initiate her family service plan after being released from jail, claiming the appointments 'slipped her mind.' The court analyzed the evidence under Texas Family Code Section 161.001(b)(1)(D), (E), and (O), finding that the mother's drug use and association with a partner convicted of indecency constituted endangerment. The court held that there was legally and factually sufficient evidence to support the predicate grounds for termination and that the termination was in the child's best interest, especially as the child was thriving in a stable foster placement.
Litigation Takeaway
“A parent's failure to immediately initiate a court-ordered service plan upon release from incarceration is often fatal to their case; appellate courts rarely excuse a lack of initiative under 'Ground O,' and persistent drug use remains one of the strongest indicators of endangerment.”
Davidson v. State
COA01 — February 24, 2026
Annual Davidson, III appealed his murder conviction, arguing that the State’s closing remarks regarding his failure to claim self-defense to third parties constituted an unconstitutional comment on his right to remain silent. The First Court of Appeals affirmed the conviction, finding that the State's argument was a permissible summary of the evidence and a rebuttal of the defense's theory. The court reasoned that the State was commenting on Davidson's voluntary pre-trial statements and omissions to medical personnel and witnesses, rather than his decision not to testify at the trial.
Litigation Takeaway
“A party's failure to mention a specific justification (like self-defense or child protection) to first responders or medical professionals at the time of an incident can be used to impeach a fabricated or coached narrative that only emerges later during litigation.”
In the Matter of the Estate of Henry Matthew Platt
COA09 — January 29, 2026
In a dispute over the validity of a holographic will, the sister of the decedent attempted to disqualify the will through expert handwriting testimony. However, the expert's comparison samples (exemplars) did not consist of the decedent's own signature, but rather signatures the decedent allegedly made on behalf of his parents. The trial court excluded the expert's testimony, and the Ninth Court of Appeals affirmed. The court analyzed the case under Texas Rules of Evidence 703 and 705, concluding that because the expert lacked a 'control' sample of the decedent's actual name and signature, there was an unreliable foundation and an 'analytical gap' that rendered the opinion inadmissible.
Litigation Takeaway
“Expert testimony is only as reliable as the data supporting it; if your handwriting expert relies on representative or third-party signatures rather than authenticated personal signatures, the testimony is likely to be excluded for lack of foundation.”
Ford v. State
COA13 — January 29, 2026
In Ford v. State, a defendant appealed his capital murder conviction, challenging the seizure of evidence from a vehicle registered in his name. The Thirteenth Court of Appeals analyzed whether a party maintains a Fourth Amendment 'reasonable expectation of privacy' in property that has been legally awarded to an ex-spouse. The court held that a final divorce decree serves as a constitutional boundary; because the decree awarded the vehicle to the victim, the defendant's possessory and privacy interests were extinguished. As a result, the defendant lacked standing to challenge the search, regardless of whether the title had been formally transferred.
Litigation Takeaway
“A final divorce decree is a powerful tool that immediately terminates a spouse's privacy rights in awarded property. Practitioners should draft decrees with extreme specificity—including VINs and clear divestiture clauses—to ensure that an ex-spouse cannot later claim constitutional protections to block the discovery of evidence or the enforcement of property rights.”
Landry v. Currie
COA10 — January 29, 2026
After a catastrophic motor vehicle accident involving an intoxicated employee, the Tenth Court of Appeals affirmed findings of negligent entrustment and respondeat superior liability against a business owner and his entity. The court analyzed whether the owner's direction for the employee to return a vehicle to a "company yard" fell under the "mission" exception to the coming-and-going rule, concluding the employee was acting within the scope of his employment. Ultimately, the court held that the owner was individually liable for negligent entrustment because the duty of care extends to the specific circumstances of the entrustment, and it upheld multi-million dollar noneconomic damage awards for physical impairment and mental anguish.
Litigation Takeaway
“Business owners and their spouses must be aware that individual liability for 'negligent entrustment' can create massive community debts that may liquidate family assets during a divorce; however, an innocent spouse may have a claim for 'waste' or 'reconstitution' if the other spouse's gross negligence led to the liability.”
In the Matter of K.M.
COA12 — February 18, 2026
A sixteen-year-old minor, K.M., was charged with murder following the fatal shooting of his friend. While K.M. claimed the shooting was accidental, forensic evidence regarding bullet trajectory and blood splatter suggested otherwise. The State sought to waive juvenile jurisdiction and transfer him to adult criminal court. The appellate court analyzed the factors under Texas Family Code § 54.02(f), noting the extreme seriousness of the offense, the forensic contradictions in the minor's story, and testimony that local juvenile resources were inadequate for his rehabilitation. The Twelfth Court of Appeals affirmed the transfer, holding that the juvenile court did not abuse its discretion and that the evidence sufficiently supported the findings necessary for the waiver.
Litigation Takeaway
“In juvenile transfer hearings, character evidence is often insufficient to overcome the 'seriousness of the offense' factor; practitioners must be prepared to specifically rebut the State’s claims of inadequate juvenile facilities by presenting concrete, alternative rehabilitative programs or specialized facilities.”
Ex Parte Robert Brimmer
COA02 — February 19, 2026
In Ex Parte Robert Brimmer, a medical doctor sought to vacate his negotiated guilty plea through a writ of habeas corpus, arguing he was mentally incompetent at the time of the plea due to "distorted thinking" and paranoid delusions. The Second Court of Appeals analyzed the claim using the criminal competency standard, which requires a defendant to have a rational and factual understanding of the legal proceedings. The court affirmed the trial court's denial of relief, holding that the applicant failed to prove incompetence by a preponderance of the evidence. The court emphasized that contemporaneous forensic evaluations and affirmations of competence by trial counsel carry significant weight, and that the presence of mental illness or "unreasonable" legal beliefs does not automatically render a party legally incompetent if they understand the terms of the agreement.
Litigation Takeaway
“A party seeking to set aside a settlement based on a lack of capacity face a high hurdle; legal incompetence requires a functional inability to understand the proceedings rather than just a mental health diagnosis or 'distorted thinking.' Practitioners can 'competency-proof' agreements by securing contemporaneous affirmations of understanding from all parties and counsel at the time of execution.”
Owens v. Johnson
COA01 — January 29, 2026
In Owens v. Johnson, a military service member sought to reduce his child support payments, claiming his income had decreased due to changes in his service status and a significant increase in insurance costs. Despite his testimony, he failed to provide official financial documentation, such as Leave and Earnings Statements (LES), to support his claims. The trial court chose to credit the mother's testimony and disbelieve the father's uncorroborated assertions, setting a higher support amount and confirming child support arrears. The Court of Appeals affirmed the decision, emphasizing that trial judges are the sole judges of witness credibility and that a party's self-serving testimony can be disregarded if it lacks objective corroboration.
Litigation Takeaway
“When seeking to modify child support, testimony is not a substitute for a paper trail. If you claim a decrease in income but fail to produce readily available financial records like pay stubs or tax returns, the court has the discretion to completely disregard your testimony and maintain your current support obligations.”
In the Interest of T.L.K., Jr., S.M.C., and S.B.C., Children
COA04 — February 11, 2026
After the Department of Family and Protective Services discovered a father living in a makeshift tent with his children and using illegal drugs, the trial court moved to terminate his parental rights. On appeal, the father challenged several grounds for termination but failed to contest the trial court's specific findings regarding endangerment. The Fourth Court of Appeals affirmed the decision, ruling that because a single 'predicate ground' is sufficient for termination, the father's failure to challenge the endangerment findings meant those grounds stood. The court further determined that while the father and children shared an emotional bond, the children's need for safety and stability in their current relative placement outweighed that bond, making termination in their best interest.
Litigation Takeaway
“In parental termination cases, an appellate challenge must address every specific legal ground found by the trial court; failing to challenge 'endangerment' findings can effectively end an appeal regardless of the emotional bond between the parent and child.”
Stanley Lewis II v. The State of Texas
COA14 — January 29, 2026
Stanley Lewis II appealed his intoxication manslaughter conviction, arguing that the victim's extreme intoxication (.233 BAC) and potential presence in the lane of traffic—rather than his own impairment—were the true causes of the fatal accident. The Fourteenth Court of Appeals analyzed the causation requirements under the Texas Penal Code, determining that Lewis’s failure to maintain a single lane, his increased speed, and his failure to brake established a sufficient "but-for" causal link to the death. The court affirmed the conviction, holding that a defendant's criminal liability is not negated by the victim’s concurrent negligence or intoxication when the defendant’s own impaired actions led to the fatal maneuver.
Litigation Takeaway
“In custody disputes involving substance abuse, a parent cannot escape a finding of endangerment by simply pointing to the other parent's "unclean hands" or concurrent intoxication. This case demonstrates that if a parent’s impairment leads to a dangerous maneuver or failure to avoid an accident, the other party's conduct is legally irrelevant to the determination of fault and safety risk.”
In the Interest of J.S., a Child
COA04 — February 11, 2026
After the Department of Family and Protective Services removed her child just days after birth due to domestic violence concerns and intellectual disabilities, a mother’s parental rights were terminated by the trial court. The mother appealed, arguing that the evidence did not sufficiently prove that termination was in the child’s best interest. The Fourth Court of Appeals analyzed the case using the Holley factors, focusing on the mother’s failure to complete her court-ordered service plan and the child’s strong bond with foster parents. The court affirmed the termination, holding that the child’s need for a stable, violence-free environment outweighed the mother’s partial efforts to comply with services.
Litigation Takeaway
“In termination cases, a parent's failure to complete a service plan—especially regarding domestic violence—is often dispositive. Even when intellectual disabilities are present, the court will prioritize the child's need for permanency and the stability of their current placement over the parent's efforts or excuses.”
Charles Austin v. Extruded Aluminum Corp.
COA01 — February 19, 2026
In this case, a plaintiff injured in a motor vehicle accident at a Texas worksite attempted to sue a Michigan-based manufacturer, arguing the company was subject to Texas jurisdiction because its employees had attended on-site safety training. The First Court of Appeals analyzed whether these contacts met the "nexus" requirement for specific jurisdiction—meaning the claim must arise out of or relate to the defendant's purposeful activities in the state. The court affirmed the trial court's dismissal of the company, holding that repairing defective products (the company's purpose in Texas) was not the "operative fact" of a vehicle accident, and incidental safety training did not create a substantial enough connection to satisfy due process.
Litigation Takeaway
“Physical presence in Texas does not automatically equal jurisdiction; to successfully join an out-of-state entity or spouse to a lawsuit, the 'operative facts' of your specific claim must be directly tied to their purposeful activities within the state.”
In the Matter of the Marriage of Brittany Lea Lannen and Clint Douglas Lannen
COA10 — January 29, 2026
Years after her divorce, Brittany Lannen sought a declaratory judgment to determine if her ex-husband's 'right to purchase' specific real estate—a provision included in their 2014 divorce decree—was still valid or had been waived. The trial court dismissed her suit, agreeing with the husband's argument that the lawsuit was an impermissible 'collateral attack' on a final judgment. On appeal, the Waco Court of Appeals reversed the dismissal. The court analyzed the Uniform Declaratory Judgments Act (UDJA) and concluded that because the decree incorporated a settlement agreement 'enforceable as a contract,' the UDJA was the proper procedural tool to interpret the parties' legal rights. The court held that seeking to construe the meaning or validity of a contract within a decree is not an attempt to overturn the judgment, but rather a request for the court to define the current legal status of those provisions.
Litigation Takeaway
“If your divorce decree incorporates a settlement agreement as an enforceable contract, you can use the Uniform Declaratory Judgments Act to clarify or interpret its terms years later. This allows parties to resolve disputes over property rights—like purchase options or rights of first refusal—without being barred by rules that usually prevent people from 'attacking' final judgments.”
YOLANDA HERNANDEZ, Appellant v. EKISRA FRED LOUNNARATH AND AMX PCS, INC., Appellee
COA05 — February 5, 2026
When a party fails to appear for trial, leading to a dismissal for want of prosecution, Texas Rule of Civil Procedure 165a(3) requires the court to reinstate the case if the failure was due to an 'accident or mistake' rather than 'conscious indifference.' In this case, a law firm missed a trial setting because of a clerical calendaring error and a mistaken belief that a proposed scheduling order would be signed. The trial court denied reinstatement, finding the attorney's reliance on unsigned orders unreasonable. The Dallas Court of Appeals reversed this decision, holding that even if an attorney’s mistake is negligent or 'objectively unreasonable,' it does not constitute conscious indifference. As long as the failure to appear was not intentional or a purposeful disregard of the court's authority, the trial court must reinstate the case.
Litigation Takeaway
“A simple clerical error or an 'unreasonable' misunderstanding of a court deadline is sufficient to reinstate a dismissed case, as the law protects litigants from losing their day in court due to an attorney’s non-intentional administrative mistakes.”
In the matter of J.C., a juvenile
COA04 — February 4, 2026
A juvenile, J.C., appealed his adjudication for aggravated robbery and assault, arguing that the appellate court should apply a 'factual sufficiency' standard of review to his case—a standard used in certain civil matters that allows the court to weigh evidence. The Fourth Court of Appeals rejected this argument, reaffirming that juvenile delinquency proceedings are 'quasi-criminal' and subject only to the strict 'legal sufficiency' standard used in adult criminal cases. The court held that as long as any rational jury could have found the defendant guilty based on the evidence viewed in favor of the verdict (such as the victim's identification and fingerprint evidence found in this case), the adjudication must be upheld.
Litigation Takeaway
“Appealing a juvenile delinquency verdict is significantly harder than appealing a standard family law order because courts will not re-weigh the evidence. Because these cases follow criminal appellate standards, you cannot win by simply arguing the jury made the wrong choice between conflicting stories; you must prove that there was legally 'no evidence' to support the conviction.”
Jennifer Jo Stricker v. The State of Texas
COA05 — January 29, 2026
In Stricker v. State, the Dallas Court of Appeals addressed a trial court's exclusion of a public spectator during jury selection due to a large venire panel filling the courtroom. The appellate court analyzed the closure under the Sixth Amendment right to a public trial, applying the four-prong Waller v. Georgia test. Because the trial court failed to consider reasonable alternatives to accommodate the spectator or make specific findings on the record justifying the closure, the court held that the exclusion constituted a structural error. Consequently, the judgment was reversed and the case remanded for a new trial without the need for a showing of actual harm.
Litigation Takeaway
“Limited seating or a crowded gallery is not a valid legal reason to exclude public spectators from a jury trial; doing so without specific constitutional findings creates a 'structural error' that can automatically void your entire case on appeal regardless of the evidence.”
In the Interest of A.N.G. and A.G.G., Children
COA07 — January 28, 2026
The Seventh Court of Appeals affirmed a trial court's order transferring the exclusive right to designate the children's primary residence from the Mother to the Father. On appeal, the Mother admitted that a material and substantial change in circumstances had occurred but argued that the move was not in the children's best interest. The appellate court analyzed the case using the 'Holley' factors, which assess parental abilities, home stability, and the children's needs. The court ultimately held that because the trial court is in the best position to judge witness credibility and the nuances of the case, and because there was sufficient evidence that the Father could provide a stable environment, the trial court did not abuse its discretion in modifying the custody arrangement.
Litigation Takeaway
“In custody modifications, conceding that a "material and substantial change" has occurred focuses the entire legal battle on the child's "best interest." Because appellate courts give massive deference to trial judges on these issues, litigants must prioritize building a comprehensive record of stability and parental involvement at the trial level, as overcoming an "abuse of discretion" standard on appeal is a high hurdle.”
In the Interest of S.I.S.F., a Child
COA04 — January 28, 2026
In this SAPCR case, the Mother—who was named Sole Managing Conservator—sought to relocate with the child to either the Dominican Republic or Florida. Despite the Mother's status as the primary custodial parent, the trial court imposed a geographic residency restriction limiting the child's primary residence to Bexar County and its contiguous counties. The Fourth Court of Appeals affirmed the ruling, finding that the trial court properly applied the 'Lenz factors' and prioritized the Texas public policy of ensuring frequent and continuing contact between the child and the Father, who lived in San Antonio.
Litigation Takeaway
“Being named a Sole Managing Conservator does not grant a parent an absolute right to relocate; Texas courts prioritize the child's stability and relationship with both parents over a custodial parent's personal domicile preferences.”
IN THE INTEREST OF D.J., A CHILD, Appellant
COA05 — January 30, 2026
After losing his job, a father sought to terminate his child support obligation but refused to produce discovery documents regarding his retirement accounts and foreign property interests. The trial court granted a directed verdict against him, denying the modification and imposing a $4,800 discovery sanction. The Dallas Court of Appeals affirmed the denial of the modification, holding that a party seeking to change support must provide full financial transparency to allow the court to calculate "net resources." However, the court reversed the monetary sanction because the trial record lacked specific evidence, such as attorney fee invoices or testimony, to justify the $4,800 amount.
Litigation Takeaway
“Transparency is mandatory in support modification cases; losing your primary income does not excuse you from disclosing your broader financial estate. Additionally, any party seeking discovery sanctions must ensure the record contains specific evidentiary proof linking the amount of the sanction to the actual costs or fees incurred.”
Yuqian Gan v. Arnoldus Mathijssen
COA03 — January 29, 2026
During a divorce between Yuqian Gan and Arnoldus Mathijssen, the trial court awarded the husband a disproportionate share of the community property because the wife had unilaterally depleted joint bank accounts and paid family members post-separation. The court also lowered the husband's child support payments to account for his significant travel expenses for visitation. On appeal, the Third Court of Appeals upheld the property division, ruling that the wife's "financial self-help" constituted a breach of fiduciary duty. However, the court reversed the child support award, holding that the trial court's failure to include specific, mandatory written findings required by Texas law when deviating from support guidelines was a reversible error.
Litigation Takeaway
“Even if there is a valid reason to deviate from standard child support amounts—such as high travel costs for visitation—the court must include specific statutory 'math' and findings in the order, or the ruling will be overturned. Furthermore, using community funds for personal benefit after a separation can be legally classified as a breach of fiduciary duty, justifying an unequal division of property.”
MAHMOUD ABDELWAHED v. NERMIN HASSANIN
COA14 — February 3, 2026
In a divorce dispute between Mahmoud Abdelwahed and Nermin Hassanin, the Fourteenth Court of Appeals addressed the enforceability of an Egyptian pre-marital agreement regarding a dowry of 147 grams of gold. While the husband argued he did not possess the gold and it effectively did not exist, the wife provided a translated copy of their Egyptian marriage contract. The court analyzed the case under Texas Family Code § 4.006, which places a heavy burden on the party challenging a pre-marital agreement to prove it was signed involuntarily or was unconscionable. Because the husband failed to provide evidence rebutting the contract's validity, the court affirmed the trial court's decree ordering the husband to return the gold, holding that Texas public policy strongly favors the enforcement of such international agreements.
Litigation Takeaway
“Foreign pre-marital agreements, such as Egyptian dowry lists, are presumed valid in Texas; to successfully challenge one, you must provide specific evidence of involuntary signing or lack of financial disclosure rather than simply denying you possess the property.”
In the Interest of J.T. and J.T., Children
COA10 — February 12, 2026
In this parental termination case, a father appealed the trial court's decision, arguing that the Department of Family and Protective Services failed to make 'reasonable efforts' to return his children as required by Texas Family Code § 161.001(f). Specifically, he claimed the Department failed to provide court-ordered family therapy. The Waco Court of Appeals analyzed the Department's overall conduct, noting that while family therapy was not reestablished before trial, the Department had implemented a service plan, facilitated visitation, and attempted to find new providers after a clinical 'child-driven' protocol delayed therapy following parental misconduct. The court held that 'reasonable efforts' require a diligent, good-faith pursuit of services rather than their guaranteed completion, affirming the termination decree.
Litigation Takeaway
“The Department's duty to make 'reasonable efforts' to return children is measured by the diligence of their process rather than the ultimate success of every service. Clinical barriers—such as a child's lack of therapeutic readiness—can justify the absence of specific services like family therapy, especially when the Department documents an active search for providers and the parents' own behavior contributed to the delay.”
In The Interest of W.G., M.G., A.G., Children
COA14 — February 13, 2026
The Fourteenth Court of Appeals affirmed a trial court's decree terminating a father’s parental rights following his ten-year sentence for aggravated assault with a deadly weapon. Although the father was previously a primary caretaker, his long-term incarceration created a vacuum of care that he attempted to fill by proposing a kinship placement with the children's paternal grandparents. The court analyzed the case under Texas Family Code § 161.001(b)(1) and the Holley v. Adams best-interest factors, concluding that the grandmother’s repeated positive drug tests for cocaine rendered the proposed placement unsuitable. The court held that the father’s criminal conduct, coupled with the failure to provide a safe, drug-free alternative environment, provided legally and factually sufficient evidence to support termination.
Litigation Takeaway
“When a parent faces long-term incarceration, the survival of their parental rights often depends entirely on the viability of their proposed kinship placements; practitioners must proactively vet relatives—specifically through independent drug testing—as a relative's substance abuse can effectively seal the parent's fate in a termination proceeding.”
In The Interest of J.L.J., A Child
COA14 — February 12, 2026
In *In The Interest of J.L.J.*, a mother sought to overturn a termination decree, arguing that her digitally signed irrevocable affidavit of relinquishment was technically invalid because she did not appear in person before a notary or witnesses. The Fourteenth Court of Appeals analyzed whether these procedural defects under Texas Family Code Section 161.103 invalidated the termination. The court found that because the mother appeared at trial and testified that she signed the document voluntarily and understood its consequences, her statements constituted a binding judicial admission. The court held that such a testimonial confirmation satisfies the evidentiary requirements of Section 161.001(b)(1)(K) and waives any technical challenges to the affidavit's execution.
Litigation Takeaway
“A "prove-up" colloquy in open court is the ultimate safeguard for parental rights relinquishment. By having a parent confirm their signature and understanding on the record, you create a judicial admission that can cure technical or procedural defects in the notarization process, making the termination decree virtually bulletproof against post-judgment attacks.”
McKissick v. State
COA11 — February 20, 2026
After Johnathan McKissick was convicted of injury to a child, he appealed on the grounds of a 'material variance' because the child's name in the indictment (his birth name) differed from the name proven at trial (his adopted name). The Eleventh Court of Appeals analyzed whether this discrepancy prejudiced the defendant's defense or created a risk of double jeopardy under the Gollihar framework. The court held that the variance was immaterial because the defendant was not surprised by the identity of the victim and his defense was not hindered. Additionally, the court found no violation of discovery mandates under the Michael Morton Act, as the defendant had signed a discovery waiver and could not prove the State intentionally suppressed evidence discovered after the trial.
Litigation Takeaway
“A child's legal name change resulting from an adoption or termination proceeding does not create a 'material variance' that would invalidate a parallel criminal conviction, provided the defendant has notice of the victim's identity and is not prejudiced in their defense.”
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.”
Adame v. The State of Texas
COA13 — January 29, 2026
The defendant was convicted of animal cruelty after admitting to squeezing and stomping a pet cockatoo that died shortly thereafter. On appeal, the defendant argued the evidence was insufficient because the State failed to provide expert medical testimony or a necropsy to prove the cause of death, and claimed his admissions were unreliable due to his intoxication. The Thirteenth Court of Appeals affirmed the conviction, holding that expert testimony is unnecessary when an injury's effects are visually obvious to a layperson. The court further determined that a jury, as the sole judge of credibility, may rely on a defendant's inculpatory admissions even if they are made while intoxicated or contain factual inaccuracies.
Litigation Takeaway
“Expert veterinary testimony and formal necropsies are not required to prove animal cruelty in cases where the injury is obvious to a layperson. Family law practitioners can use this 'evidentiary shortcut' to more efficiently establish patterns of coercive control, family violence, or 'best interest' factors using only lay testimony, photos, and the opposing party's admissions.”
In The Interest of T.B., K.B., T.B., K.B., Children
COA11 — February 12, 2026
In this termination of parental rights case, the Department of Family and Protective Services intervened due to the parents' chronic substance abuse, including the mother's drug use during pregnancy and the father's repeated criminal activity and probation violations. The trial court ordered the termination of both parents' rights, finding it was in the children's best interest. The parents appealed, challenging the legal and factual sufficiency of the best-interest findings under Texas Family Code Section 161.001(b)(2). The Eleventh Court of Appeals analyzed the conflict using the Holley v. Adams factors, emphasizing that a parent’s past conduct and history of addiction serve as a strong predictor of future endangerment. The court held that the evidence of long-term drug use and criminal instability was sufficient to support the trial court's firm belief that termination was in the children's best interest, affirming the lower court's judgment.
Litigation Takeaway
“A parent's history of substance abuse and criminal recidivism is often the most significant factor in a 'best interest' analysis; practitioners should recognize that past conduct is treated as a reliable predictor of future parental performance, often outweighing recent attempts at rehabilitation.”
Kist v. Kist
COA14 — February 5, 2026
Kathryn Kist sought to lift a geographic residency restriction to relocate her four children from Texas to Indiana, presenting evidence of a $70,000 job offer, free housing from her parents, and access to private schooling. She argued that the father, Jonathan, was largely uninvolved and that staying in Texas was a financial hardship. Jonathan contested the move, presenting evidence of his involvement and the children's stability in their current environment. The Fourteenth Court of Appeals analyzed the conflict using the Lenz factors and Texas public policy favoring 'frequent and continuing contact' with both parents. The court held that because the trial court faced conflicting testimony regarding the father’s involvement and the children's best interests, it did not abuse its discretion in maintaining the residency restriction or in characterizing Jonathan's post-petition home purchase as his separate property.
Litigation Takeaway
“Financial gain and a better support system out-of-state are not enough to guarantee a relocation; you must prove the move serves the children's best interests while maintaining the other parent's relationship. Because these cases are so fact-dependent, a trial court's decision to maintain the status quo is extremely difficult to overrule on appeal.”
Moir Watershed Services, LLC v. Law Office of Heath Gurinsky, PLLC and Spencer Hofmann
COA10 — January 29, 2026
In Moir Watershed Servs., LLC v. Law Office of Heath Gurinsky, PLLC, a Texas-based company sued a New York law firm in a Texas court for legal malpractice and breach of contract. The New York firm challenged the lawsuit, arguing that Texas courts lacked personal jurisdiction over them since they were based in New York and the work was performed there. The Court of Appeals affirmed the dismissal of the case, holding that merely entering into a contract with a Texas resident does not establish the 'purposeful availment' necessary for jurisdiction. The court concluded that because the legal services were performed outside of Texas and the defendants did not specifically target the Texas market, they lacked the minimum contacts required to be sued in a Texas forum.
Litigation Takeaway
“Hiring an out-of-state attorney or expert for your legal matter does not guarantee you can sue them in Texas if something goes wrong. If their work is performed in their home state and they haven't purposefully reached into Texas to conduct business, you may be forced to litigate any malpractice or fee disputes in their jurisdiction, significantly increasing your costs and risks.”
C. Q. v. Texas Department of Family and Protective Services
COA03 — February 5, 2026
The Department of Family and Protective Services sought to terminate a mother’s parental rights following allegations of drug use and child neglect. While the mother demonstrated significant recent progress, including stable housing and numerous negative urinalyses, she continued to test positive for cocaine in hair follicle tests. Additionally, her live-in fiancé refused to submit to drug testing. The Court of Appeals analyzed the conflicting forensic evidence and the mother's choice of partners under the "clear and convincing" evidentiary standard. The court held that the trial court was entitled to credit the hair follicle results over other tests and that the presence of an untested partner constituted endangering conduct. Consequently, the appellate court affirmed the termination of her parental rights.
Litigation Takeaway
“In termination proceedings, hair follicle tests are often treated as the 'gold standard' and can outweigh clean urinalyses or nail tests. Furthermore, a parent is responsible for the safety of their home environment; a romantic partner’s refusal to submit to drug testing can be legally imputed to the parent as a failure to protect the child from endangerment.”