Nanci Adams Holley v. David E. Adams

Summary

The Supreme Court of Texas reviewed the termination of Nanci Adams Holley's parental relationship with her son under Section 15.02 of the Texas Family Code. The court held that although the evidence supported a finding that Holley failed to support the child, that failure was excused because she had voluntarily surrendered custody and was never ordered to pay support. The court further held that there was no evidence that termination was in the child's best interest, reversed the lower courts, and rendered judgment denying termination.

Holdings

1. Termination under Section 15.02 requires proof of at least one act or omission listed in Section 15.02(1) and proof that termination is in the child's best interest under Section 15.02(2); best-interest evidence alone cannot support termination.
2. There was no evidence that Nanci's limited contacts, visits, mental-health hospitalization, travel, divorce, bankruptcy, or other cited conduct endangered the child's emotional well-being.
3. Any excuse for a parent's act or omission under Section 15.02(1)(E) may be considered only as a factor in determining the child's best interest; on the facts of this case, Nanci's failure to support was excused.
4. The evidence did not establish that termination of the parent-child relationship was in the child's best interest.

Questions Presented

1. Whether termination of the parent-child relationship may be based solely on the trial court's determination that termination is in the child's best interest.
2. Whether evidence supported termination under Section 15.02(1)(D) based on conduct endangering the child's emotional well-being.
3. Whether Nanci Holley's failure to support the child was excused because she voluntarily surrendered custody, was never ordered to pay support, and the child was adequately supported by his father.
4. Whether the evidence established that termination of the parent-child relationship was in the child's best interest.

Disposition

reversed