In the Interest of J.L.W., a Child

Summary

The Eighth District Court of Appeals of Texas affirmed a trial court’s determination that an alleged father’s appellate points challenging termination of his alleged parental rights were frivolous. The court held that the father failed to preserve his due-process challenge to the denial of an oral continuance and that the trial court was authorized to terminate his rights under Texas Family Code section 161.002(b)(1) because he did not timely admit paternity or file a counterclaim for paternity. The court therefore affirmed the termination order.

Holdings

1. The trial court did not abuse its discretion in denying the oral motion for continuance because Benny did not file a written, verified motion supported by an affidavit or otherwise satisfy Texas Rule of Civil Procedure 251. The complaint was therefore not preserved for appellate review, and the related point of appeal was frivolous.
2. The trial court did not err in finding Benny's sufficiency challenge frivolous because Texas Family Code section 161.002(b)(1) authorized summary termination of his alleged parental rights after he was served and failed to timely file an admission of paternity or a counterclaim for paternity. The Department therefore was not required to prove a termination ground under section 161.001 by clear and convincing evidence.

Questions Presented

1. Whether the trial court abused its discretion by finding frivolous Benny's challenge to the denial of his oral motion for a continuance based on due process.
2. Whether the trial court abused its discretion by finding frivolous Benny's challenge to the legal and factual sufficiency of the evidence supporting termination of his alleged parental rights.

Disposition

affirmed