In the Interest of A.V v. J.T v. S.V v. and L.A v. Children v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledOctober 28, 2026
Docket04-26-00591-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00591-CV
IN THE INTEREST OF A.V.V., J.T.V., S.V.V., and L.A.V., Children
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2025-PA-00899
Honorable Charles E. Montemayor, Judge Presiding
Opinion by: Lori I. Valenzuela, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
H. Todd McCray, Justice
Delivered and Filed: October 30, 2026
AFFIRMED
Appellant J.V. (“Father”) appeals the trial court’s order terminating his parental rights to
his children, A.V.V. (born 2020), J.T.V. (born 2021), S.V.V. (born 2022), and L.A.V. (born
2023). 1 Father argues the evidence is legally and factually insufficient to support the trial court’s
termination findings under Texas Family Code section 161.001(b)(1)(E) and (N) and its finding
that termination was in the children’s best interest. 2 We affirm the termination order.
1
To protect the privacy of the minor children, we use initials or pseudonyms to refer to the children and their biological
parents. TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
2
Father’s list of issues presented also challenges the portion of the trial court’s order that appoints the Texas
Department of Family and Protective Services (the “Department”) as the children’s managing conservator. However,
the body of Father’s brief does not contain any argument or authority on this issue. See TEX. R. APP. P. 38.1(i). We
therefore do not consider that issue.
04-26-00591-CV
BACKGROUND
In April of 2025, the Department removed the children from the custody of their mother,
G.C. (“Mother”) because “Mother was validated for physical neglect.” When the children were
removed, the home where they lived with Mother smelled like urine, had no working air
conditioning, and had “open diapers and old food left around the house.” “[T]he children were
wearing dirty diapers,” and “[S.V.V.] had a bruise and a mark underneath her eye” that Mother
attributed to “one of the children biting her.” The Department’s concerns revolved around the
condition of the children’s home environment and Mother’s lack of supervision of the children.
The Department obtained temporary managing conservatorship over the children, placed
them in foster care, and filed a petition to terminate Mother’s and Father’s parental rights. At that
time, Father was incarcerated on a drug possession charge, but he was released during this case.
The three older children were placed with their paternal aunt and her fiancé. L.A.V. was originally
placed in the same home, but he eventually was moved to a separate foster home.
On July 2, 2026, the trial court held a bench trial at which Father appeared. The trial court
heard testimony from three witnesses: (1) caseworker Catherine Robinson; (2) a CASA volunteer;
and (3) Father. After hearing the evidence, the trial court signed an order finding that termination
of Father’s parental rights was justified by Texas Family Code section 161.001(b)(1)(E) and (N)
and was in the best interest of the children. 3 Father then filed this appeal.
ANALYSIS
Applicable Law and Standard of Review
The involuntary termination of a natural parent’s rights implicates fundamental
constitutional rights and “divests the parent and child of all legal rights, privileges, duties, and
3
The trial court also terminated Mother’s parental rights. She is not a party to this appeal.
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powers normally existing between them, except for the child’s right to inherit from the parent.” In
re S.J.R.-Z., 537 S.W.3d 677, 683 (Tex. App.—San Antonio 2017, pet. denied) (internal quotation
marks omitted). “As a result, appellate courts must strictly scrutinize involuntary termination
proceedings in favor of the parent.” Id. The Department had the burden to prove, by clear and
convincing evidence, both that a statutory ground existed to terminate Father’s parental rights and
that termination was in the children’s best interest. Id.; TEX. FAM. CODE § 161.206. “‘Clear and
convincing evidence’ means the measure or degree of proof that will produce in the mind of the
trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.”
TEX. FAM. CODE § 101.007.
When reviewing the sufficiency of the evidence supporting a trial court’s order of
termination, we apply well-established standards of review. See In re J.F.C., 96 S.W.3d 256, 263–
64 (Tex. 2002). In reviewing the legal sufficiency of the evidence to support the trial court’s
findings, we look “at all the evidence in the light most favorable to the finding to determine
whether a reasonable trier of fact could have formed a firm belief or conviction that its finding was
true.” In re J.O.A., 283 S.W.3d 336, 344 (Tex. 2009) (citation omitted). In reviewing the factual
sufficiency of the evidence, we consider disputed or conflicting evidence. Id. at 345. A factual
sufficiency review requires us to consider the entire record to determine whether the evidence that
is contrary to a finding would prevent a reasonable factfinder from forming a firm belief or
conviction that the finding is true. See id. The factfinder is the sole judge of the weight and
credibility of the evidence. Id. at 346.
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Statutory Termination Grounds
Applicable Law
In his first two issues on appeal, Father challenges the legal and factual sufficiency of the
evidence to support the trial court’s predicate findings under subsections (E) and (N). TEX. FAM.
CODE § 161.001(b)(1)(E), (N). In general, assuming a best-interest finding, only one predicate
ground under section 161.001(b)(1) is necessary to support a judgment of termination. In re A.V.,
113 S.W.3d 355, 362 (Tex. 2003). However, because termination under subsections (D) or (E)
may have implications for a parent’s rights to other children, appellate courts must address a
parent’s challenges to a trial court’s findings under those subsections. In re N.G., 577 S.W.3d 230,
236–37 (Tex. 2019) (per curiam). We will therefore begin by addressing Father’s challenge to the
subsection (E) finding.
Subsection (E) allows a trial court to terminate a parent’s rights if it finds by clear and
convincing evidence that the parent “engaged in conduct or knowingly placed the child with
persons who engaged in conduct which endangers the physical or emotional well-being of the
child.” TEX. FAM. CODE § 161.001(b)(1)(E). Under subsection (E), the trial court determines
whether there is evidence that a parent’s acts, omissions, or failures to act endangered the child’s
physical or emotional well-being. See In re J.T.G., 121 S.W.3d 117, 125 (Tex. App.—Fort Worth
2003, no pet.). “Endangerment means to expose to loss or injury, to jeopardize.” Id. “It is not
necessary that the parent’s conduct be directed at the child or that the child actually be injured;
rather, a child is endangered when the environment or the parent’s course of conduct creates a
potential for danger which the parent is aware of but disregards.” In re R.S.-T., 522 S.W.3d 92,
110 (Tex. App.—San Antonio 2017, no pet.) (internal quotation marks omitted).
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Subsection (E) requires evidence of a voluntary and deliberate endangering course of
conduct rather than a single act or omission. See, e.g., In re F.S.F., No. 04-24-00125-CV, 2024
WL 3800662, at *2 (Tex. App.—San Antonio Aug. 14, 2024, no pet.) (mem. op.). “Subsection (E)
is not limited to actions directed towards the child . . . nor is it limited to the parent’s pre-removal
actions.” In re A.O., No. 02-21-00376-CV, 2022 WL 1257384, at *9 (Tex. App.—Fort Worth Apr.
28, 2022, pet. denied) (mem. op.) (internal quotation marks and citations omitted). A trial court
may consider actions that occurred before the child’s birth, and in some cases may consider actions
that occurred while the child was not in the parent’s presence and while the child was in the
Department’s custody. In re M.H., No. 02-24-00426-CV, 2024 WL 5083193, at *4 (Tex. App.—
Fort Worth Dec. 12, 2024, no pet.) (mem. op.); see also In re J.O.A., 283 S.W.3d at 345. “Such
actions are relevant because they may create an inference that similar conduct could recur and
further jeopardize a child’s well-being.” In re M.H., 2024 WL 5083193, at *4 (internal quotation
marks omitted).
“The specific danger to the child’s well-being need not be established as an independent
proposition, but may be inferred from parental misconduct.” In re E.J.M., 673 S.W.3d 310, 331
(Tex. App.—San Antonio 2023, no pet.) (en banc op. on reh’g) (internal quotation marks omitted).
“The relevant inquiry for a subsection (E) termination is whether evidence exists that the
endangerment was the direct result of the parent’s conduct, including acts, omissions, and failures
to act.” A.S. v. Tex. Dep’t of Family & Protective Servs., 394 S.W.3d 703, 712 (Tex. App.—El
Paso 2012, no pet.).
Application
“As a general rule, conduct that subjects a child to a life of uncertainty and instability
endangers the physical and emotional well-being of a child.” In re R.W., 129 S.W.3d 732, 739
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(Tex. App.—Fort Worth 2004, pet. denied). “Domestic violence, want of self control, and
propensity for violence may be considered as evidence of endangerment.” In re J.I.T.P., 99 S.W.3d
841, 845 (Tex. App.—Houston [14th Dist.] 2003, no pet.). Here, caseworker Robinson testified
that Mother told her Father had been “violent” and “abusive” toward her and that “[Mother] was
going to put a protective order out against the father for stalking her.” Robinson testified that
Mother did not give her any details regarding these alleged incidents, and Father denied having
any history of domestic violence. Father conceded that he was arrested for assaulting a previous
partner in 2019, but he told the trial court those charges were dropped. Despite her accusations of
violence, Mother told Robinson that she wanted the children to be placed with Father.
The evidence also showed, however, that Father engaged in multiple angry outbursts
during this case, including some that were directed at the children or occurred in their presence.
See In re M.M.M., No. 01-21-00269-CV, 2021 WL 5365102, at *3–4, *10 (Tex. App.—Houston
[1st Dist.] Nov. 18, 2021, pet. denied) (mem. op.) (considering evidence of parent’s anger issues
in subsection (E) endangerment analysis); In Interest of E.W., No. 14-14-00751-CV, 2015 WL
556399, at *6 (Tex. App.—Houston [14th Dist.] Feb. 10, 2015, no pet.) (mem. op.) (same).
Robinson testified that when she first received the case, she “was told that [Father] had become
aggressive with the foster father and . . . was threatening to fight him.” See In re A.D., Nos. 10-19-
00411-CV, 10-19-00412-CV, 2020 WL 4691657, at *5 (Tex. App.—Waco Aug. 10, 2020, pet.
denied) (mem. op.) (considering evidence that parent threatened children’s caregiver with physical
violence). She also testified that the children had “seen [Father] become verbally aggressive with
a CASA worker” and that there had “been some visits where he’s been out of control, like with
the children, he gets very angry and frustrated.” Robinson acknowledged that Father had
completed a four-hour anger management class of his choosing, but she did not believe that course
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was sufficient to address his anger issues. When she tried to discuss a more in-depth anger
management class with him, he became “[v]ery angry.”
The CASA volunteer testified that she had seen Father engage in a verbal altercation with
a foster father that involved “a lot of yelling on [Father’s] part” because he “did not like [L.A.V.]
calling his foster parent ‘Father[.]’” The CASA volunteer added that she had seen examples of
Father’s anger on more than one occasion and that she believed the incident with the foster father
was part of a pattern of violent conduct on Father’s part. She testified that it was clear Father was
upset about the Department’s involvement in this case. When Father’s attorney asked her whether
it was normal for parents to be upset about Department intervention in their families, she said,
“Not to the extent that [Father] does it.”
Robinson noted that the anger issues she had personally witnessed appeared to be
consistent with Mother’s report that Father was violent. She told the trial court that Father’s “anger
escalates to the point where he’s not in control. . . . [H]e’s apologized to me a couple of times for
his behavior and the way he treats me and things he says to me, but he will turn around and do it
again.” The CASA volunteer testified that “after the visits, the children are very upset,” and
Robinson testified that the children had told her that Father was “mean” and that they did not want
to be placed with him.
“Evidence that a parent has engaged in abusive or violent conduct in the past permits an
inference that the violent behavior will continue in the future.” In re M.M.M., 2021 WL 5365102,
at *10; see also In re J.I.T.P., 99 S.W.3d at 845. While there was no evidence that Father engaged
in any physical violence during this case, the trial court could have reasonably found that the
evidence of his anger issues was relevant to the subsection (E) analysis. See TEX. FAM. CODE §
161.001(b)(1)(E); In re M.M.M., 2021 WL 5365102, at *11 (“The fact that . . . none of [parent’s]
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conduct involved physical injury to [child] did not prohibit the trial court from considering those
facts as evidence of endangerment.”); In re A.D., 2020 WL 4691657, at *5.
Additionally, “[f]ailure to adequately supervise and protect a child from harm can
constitute endangering conduct.” Comer v. Tex. Dep’t of Protective & Regulatory Servs., No. 03-
03-00564-CV, 2004 WL 2732124, at *6 (Tex. App.—Austin Dec. 2, 2004, pet. denied) (mem.
op.). Robinson testified that Father is “not able to take care of the four kids by himself” and has “a
lot of difficulties managing the children.” She noted that the children exhibit concerning behaviors
during their visits with Father, “like hitting him . . . spitting, deliberately spilling milk on the
couches and floor, destroying a TV. . . . There’s been incidents where the children just like will
run outside and run away and—and everybody’s having to chase them.”
Robinson and the CASA volunteer also testified about an incident in which Father took the
children outside onto a porch and shaved A.V.V.’s and J.T.V.’s heads during a visit. Robinson told
the trial court that the haircut left “numerous cuts on the boys’ scalp” and that the children cried
when their caregivers later washed their heads. She described the incident as “traumatic” for the
boys. The CASA volunteer similarly testified that “[b]oth [J.T.V.] and [A.V.V.] were crying”
while Father was shaving their heads. She added that at that same time, “[S.V.V.] and [L.A.V.]
were running around” outside and “going around the building where they couldn’t be seen.” The
CASA volunteer who was present at the time “had to intervene and let the monitor know that
[S.V.V.] and [L.A.V.] were out of range behind a building and the monitor had to get them.”
As Father notes in his brief, there is no evidence that he intentionally injured the children
during the haircuts, and the visit in question was supervised by both the Department and a CASA
volunteer. However, Father does not cite any authority holding that the Department’s and/or
CASA’s presence prohibited the trial court from considering Father’s own failure to notice
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A.V.V.’s and J.T.V.’s injuries during the haircuts, his disregard for their expressions of discomfort,
and his lack of supervision of S.V.V. and L.A.V.
Finally, the trial court heard evidence that Father was incarcerated when the children were
removed. It is well-established that a parent’s incarceration, without more, is not sufficient to
support an endangerment finding. Nevertheless, “incarceration does support an endangerment
finding if the evidence, including the imprisonment, shows a course of conduct which has the
effect of endangering the physical or emotional well-being of the child.” In re J.F.-G., 627 S.W.3d
304, 312–13 (Tex. 2021) (internal quotation marks omitted). “Furthermore, even non-violent,
misdemeanor offenses, and arrests for criminal conduct that do not result in conviction will support
a finding of endangerment.” In re E.S.T., No. 01-22-00404-CV, 2022 WL 17096713, at *15 (Tex.
App.—Houston [1st Dist.] Nov. 21, 2022, no pet.) (mem. op.). “When incarceration affects the
parent’s ability to care for his child, to provide safe living conditions, or to ensure her safety and
well-being, then such incarceration can be a part of a course of continuing conduct.” In re A.J.M.,
375 S.W.3d 599, 606 (Tex. App.—Fort Worth 2012, pet. denied) (en banc op. on reh’g).
Here, Father was incarcerated on a drug possession charge. It is not clear from the record
how long he was incarcerated or when he was released. However, the record shows that Robinson
asked Father to go for two drug tests after his release and he failed to do so without giving her a
reason. He also did not complete any drug treatment during this case. The trial court could have
reasonably inferred that Father did not submit to drug testing because he was still using illegal
drugs. See In re T.I.P., No. 04-25-00335-CV, 2025 WL 3157652, at *6 (Tex. App.—San Antonio
Nov. 12, 2025, no pet.) (mem. op.); see also In re E.N.T., No. 01-25-00346-CV, 2025 WL
3083879, at *30 (Tex. App.—Houston [1st Dist.] Nov. 5, 2025, pet. denied) (mem. op.) (factfinder
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can reasonably find endangerment when parent’s drug use “is coupled with credible evidence
of . . . prolonged absence from the children”).
Father testified that before the Department became involved with the children, he did not
have a relationship with them “because [he] was locked up.” See In re Y.W., No. 02-22-00334-CV,
2022 WL 17841830, at *6 (Tex. App.—Fort Worth Dec. 22, 2022, no pet.) (mem. op.) (“A parent’s
lack of contact with a child and his or her absence from the child’s life endanger the child’s
emotional well-being.”); In re E.N.T., 2025 WL 3083879, at *30. He also testified that the children
“are going through what they’re going through because of me, because—I mean, me being
incarcerated. And just because of me—me making my stupid decisions—or—is why where my
kids are at right now.” See In re L.R.D., No. 01-23-00623-CV, 2024 WL 560668, at *16 (Tex.
App.—Houston [1st Dist.] Feb. 13, 2024, no pet.) (mem. op.) (considering evidence that parent’s
incarceration left children in the care of their other parent, who then “subjected the children to
abuse and instability”). Robinson testified that while the Department characterized Father as a non-
offending parent with regard to the physical neglect that led to the children’s removal, his own
criminal conduct resulted in his incarceration and absence from the children’s lives. After hearing
the evidence, the trial court remarked on the record:
I’m going to quote Dad of why he thought this case was bad. “I didn’t do nothing.
I wasn’t there.” Those are quotes in his testimony. And he’s right. When these kids
under the circumstances of removal [sic], it was pretty sad, pretty desperate, and
pretty bad. And, again, to quote Dad, “I didn’t do nothing. I wasn’t there.” He
admits he wasn’t there and he didn’t do anything because of choices that resulted
in his incarceration that he served his time for.
On this record, the trial court could have reasonably determined that Father’s incarceration left the
children in the custody of an inappropriate caretaker—Mother—and thus was some evidence of
conduct that endangered their physical or emotional well-being. See In re J.F.-G., 627 S.W.3d at
315–16 (noting parent’s “lack of knowledge [about child’s home environment] resulted from
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criminal conduct that led to his incarceration and his indifference to his daughter while he was
incarcerated”); In re L.R.D., 2024 WL 560668, at *16; In re A.J.M., 375 S.W.3d at 606–07.
Any one of the issues described above, without more, may be insufficient to independently
support a subsection (E) finding. However, when considered as a whole and viewed in the light
most favorable to the judgment, this evidence would permit the trial court to find by clear and
convincing evidence that Father engaged in conduct that endangered the children’s physical or
emotional well-being. TEX. FAM. CODE § 161.001(b)(1)(E); In re J.O.A., 283 S.W.3d at 344.
Additionally, the evidence contrary to that finding is not so overwhelming that it would prevent a
reasonable factfinder from forming a firm belief or conviction that the finding is true. See In re
J.O.A., 283 S.W.3d at 345. Accordingly, the evidence is legally and factually sufficient to support
the trial court’s subsection (E) finding, and we overrule Father’s first issue. See id. at 344–45. We
therefore need not consider Father’s second issue, which challenges the subsection (N) finding.
TEX. R. APP. P. 47.1; In re A.V., 113 S.W.3d at 362.
Best Interest
Applicable Law
Father also challenges the legal and factual sufficiency of the trial court’s finding that
termination of his parental rights was in the children’s best interest. There is a strong presumption
that a child’s best interest is served by maintaining the relationship between a child and the natural
parent, and the Department has the burden to rebut that presumption by clear and convincing
evidence. See, e.g., In re R.S.-T., 522 S.W.3d at 97. To determine whether the Department satisfied
this burden, the Texas Legislature has provided several factors 4 for courts to consider regarding a
4
These factors include, inter alia: “(1) the child’s age and physical and mental vulnerabilities; (2) the frequency and
nature of out-of-home placements; (3) the magnitude, frequency, and circumstances of the harm to the child; (4)
whether the child has been the victim of repeated harm after the initial report and intervention by the department; (5)
whether the child is fearful of living in or returning to the child’s home; (6) the results of psychiatric, psychological,
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parent’s willingness and ability to provide a child with a safe environment, and the Texas Supreme
Court has used a similar list of factors 5 to determine a child’s best interest. TEX. FAM. CODE §
263.307(b); Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976).
A best-interest finding, however, does not require proof of any particular factors. See In re
G.C.D., No. 04-14-00769-CV, 2015 WL 1938435, at *5 (Tex. App.—San Antonio Apr. 29, 2015,
no pet.) (mem. op.). Neither the statutory factors nor the Holley factors are exhaustive, and
“[e]vidence of a single factor may be sufficient for a factfinder to form a reasonable belief or
conviction that termination is in the child’s best interest[.]” In re J.B.-F., No. 04-18-00181-CV,
2018 WL 3551208, at *3 (Tex. App.—San Antonio July 25, 2018, pet. denied) (mem. op.).
Additionally, evidence that proves a statutory ground for termination may be probative on the issue
of best interest. In re C.H., 89 S.W.3d 17, 28 (Tex. 2002). Furthermore, in determining whether
termination of the parent-child relationship is in the best interest of a child, a factfinder may judge
a parent’s future conduct by her past conduct. In re E.D., 419 S.W.3d 615, 620 (Tex. App.—San
Antonio 2013, pet. denied). Finally, we presume that prompt and permanent placement of the child
in a safe environment is in the child’s best interest. TEX. FAM. CODE § 263.307(a).
or developmental evaluations of the child, the child’s parents, other family members, or others who have access to the
child’s home; (7) whether there is a history of abusive or assaultive conduct by the child’s family or others who have
access to the child’s home; (8) whether there is a history of substance abuse by the child’s family or others who have
access to the child’s home; (9) whether the perpetrator of the harm to the child is identified; (10) the willingness and
ability of the child’s family to seek out, accept, and complete counseling services and to cooperate with and facilitate
an appropriate agency’s close supervision; (11) the willingness and ability of the child’s family to effect positive
environmental and personal changes within a reasonable period of time; (12) whether the child’s family demonstrates
adequate parenting skills [. . .]; and (13) whether an adequate social support system consisting of an extended family
and friends is available to the child.” TEX. FAM. CODE § 263.307(b).
5
Those factors include: (1) the desires of the child; (2) the emotional and physical needs of the child now and in the
future; (3) the emotional and physical danger to the child now and in the future; (4) the parental abilities of the
individuals seeking custody; (5) the programs available to assist those individuals to promote the best interest of the
child; (6) the plans for the child by these individuals or the agency seeking custody; (7) the stability of the home or
proposed placement; (8) the acts or omissions of the parent that may indicate the existing parent-child relationship is
not a proper one; and (9) any excuse for the acts or omissions of the parent. Holley v. Adams, 544 S.W.2d 367, 371–
72 (Tex. 1976).
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Application
The evidence detailed above in our discussion of subsection (E) is also relevant to the trial
court’s best interest finding. See In re C.H., 89 S.W.3d at 28. The evidence of Father’s anger issues,
his drug-related incarceration, and the haircut injuries to A.V.V. and J.T.V. all go to both statutory
and Holley best-interest factors. See TEX. FAM. CODE § 263.307(b)(7) (trial court can consider
history of abusive or assaultive conduct); id. § 263.307(b)(8) (trial court can consider parent’s
history of substance abuse); id. § 263.307(b)(12) (trial court can consider whether child’s family
demonstrates adequate parenting skills); Holley, 544 S.W.2d at 371–72.
As part of the best-interest analysis, a trial court can consider “the child’s age and physical
and mental vulnerabilities,” “whether the child is fearful of living in or returning to the child’s
home[.]” TEX. FAM. CODE § 263.307(b)(1), (5). The trial court may also consider the desires of the
child. See Holley, 544 S.W.2d at 371–72. Because the children were 5, 4, 3, and 2 years old at the
time of trial, the trial court could have reasonably determined that their “young ages render them
vulnerable if left in the custody of a parent unable or unwilling to protect them or to attend to their
needs.” In re B.D.A., 546 S.W.3d 346, 361 (Tex. App.—Houston [1st Dist.] 2018, pet. denied).
Additionally, as noted above, the children told Robinson that Father was “mean” and that they did
not want to live with him.
Robinson testified that during visits, Father had told the children “to call his latest girlfriend
Mom. And the kids, when they get in the car [after the visit], they’re angry. They said they’re—
that’s not their mom, can’t believe their Daddy’s trying to tell them to do that.” And, as explained
above, the trial court heard evidence that Father struggled to supervise all four children and was
“not able to take care of” all of them by himself. Based on this evidence, the trial court could have
inferred that Father was not considering the children’s desires and emotional needs and that he
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lacked “adequate parenting skills, including . . . care, nurturance, and appropriate discipline
consistent with the child’s physical and psychological development” and “guidance and
supervision consistent with the child’s safety[.]” TEX. FAM. CODE § 263.307(b)(12)(B), (C);
Holley, 544 S.W.2d at 371–72.
The trial court can also consider “the willingness and ability of the child’s family to seek
out, accept, and complete counseling services and to cooperate with and facilitate an appropriate
agency’s close supervision” and “the willingness and ability of the child’s family to effect positive
environmental and personal changes within a reasonable period of time[.]” TEX. FAM. CODE §
263.307(b)(10), (11). As noted above, the evidence presented at trial showed that Father was not
receptive to Robinson’s suggestion that he take an additional anger management class. When
Robinson was asked whether Father was willing to complete his service plan, she answered, “He’s
willing to do what he wants to do and when he wants to do them.” See In re E.C.R., 402 S.W.3d
239, 249 (Tex. 2013) (considering parent’s failure to complete service plan in best-interest
analysis). The trial court also heard testimony that Father “was very upset that CASA was actually
there, and he stated that we had no place there and that we’re just volunteers. And he kept
progressing from there. He had also stated that, in April, he wanted nothing to do with CASA
because he stated that all we did was bad mouth him.” See TEX. FAM. CODE § 263.307(b)(10).
Robinson testified that she had not seen any changes in Father’s behavior, and that based on her
experiences with him, she did not believe he had “made changes needed to alleviate [the
Department’s] concerns with him in regards to his anger.” Id. § 263.307(b)(11).
Robinson testified that the children had come “a long way since first being placed in” foster
care, and the CASA volunteer testified that all four were doing well in their current placements.
TEX. FAM. CODE § 263.307(a). J.T.V. and S.V.V., who were both nonverbal when they came into
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foster care, had begun “talking in full sentences” and “talking up a storm.” A.V.V. and L.A.V.
were both making progress with their behavioral issues, and all of the children were “very healthy.”
The Department’s plan for the three older children was adoption by their current placement, their
paternal aunt. However, the Department had not yet addressed the possibility of adoption with
L.A.V.’s placement.
The evidence in Father’s favor showed that after his release from incarceration, he stayed
in contact with the Department, partially engaged with his service plan, and consistently visited
the children. He also testified that he had been employed for seven months and that he arranged
his work schedule specifically to accommodate his weekly visits with the children. Both Robinson
and the CASA volunteer testified that Father and the children love each other. The CASA volunteer
testified that the children are happy to see Father “at the beginning” of the visits and want to spend
time with him. Robinson testified that the children appear to be happy with Father during some of
the visits, but “[n]ot all the visits.” Father testified that his current home is safe and that he had
offered to let Robinson inspect it but she had not done so. He also vehemently disputed the
Department’s evidence of his anger issues and problems during his visits with the children. He
referred to that evidence as “lies” and testified, “I never yelled at [L.A.V.’s foster father]. I talked
to him just like I’m talking to you. I talked to him calm.”
After reviewing the evidence in the light most favorable to the judgment, we conclude the
trial court could have found by clear and convincing evidence that termination of Father’s parental
rights was in the children’s best interest. In re J.O.A., 283 S.W.3d at 344. Furthermore, the
evidence to the contrary would not prevent a factfinder from forming a firm belief or conviction
that the best-interest finding was true. See id. at 345. Accordingly, the evidence is legally and
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factually sufficient to support the best-interest finding, and we overrule Father’s third issue. See
id. at 344–45.
CONCLUSION
We affirm the trial court’s order of termination.
Lori I. Valenzuela, Justice
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