Danet v. Bhan

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The Texas Department of Family and Protective Services (DFPS) removed a child from the custody of his Mother. After DFPS decided not to seek termination of Mother’s rights, the child’s Foster Parents filed suit, seeking appointment as the child’s joint managing conservators. After a jury trial, the trial court appointed the Foster Parents as the child’s sole managing conservators. The court of appeals reversed and awarded Mother managing conservatorship, concluding that the evidence was legally insufficient to support the jury’s finding that Mother’s appointment as the child’s conservator would significantly impair the child’s physical health or emotional development. The Supreme Court reversed, holding that because the court of appeals did not reach the question of whether the evidence was factually - as opposed to legally - sufficient to support the verdict, the case must be remanded for factual sufficiency review. View "Danet v. Bhan" on Justia Law