in the Interest of J.A.M., J.R.M., J.P.M. J.A.M., Children
Date Filed2022-12-28
Docket04-22-00499-CV
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00499-CV
In the INTEREST OF J.A.M., J.R.M., J.P.M., and J.A.M., Children
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 21-03-39707-MCVAJA
Honorable Amado J. Abascal III, Judge Presiding
Opinion by: Irene Rios, Justice
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: December 28, 2022
AFFIRMED
Mother A.G. 1 appeals the trial courtās order, wherein Motherās sister, Y.F., was appointed
sole managing conservator of Motherās children, J.A.M., J.R.M., J.P.M., and J.A.M., and Mother
was appointed possessory conservator of her children with court-ordered possession. Motherās
parental rights were not terminated.
Motherās court-appointed counsel filed a motion to withdraw and a brief representing that
she conducted a professional evaluation of the record and determined there are no arguable grounds
to be raised on appeal. The brief satisfies the requirements of Anders v. California, 386 U.S. 738(1967); see In re P.M.,520 S.W.3d 24
, 27 n.10 (Tex. 2016) (per curiam) (recognizing Anders
1
To protect the identity of the minor children, we refer to the parties by fictitious names, initials, or aliases. See TEX.
FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
04-22-00499-CV
procedure applies in parental termination appeals). Counsel also certified that she sent a copy of
the brief and the motion to withdraw to Mother, informed her of the right to review the record and
file her own brief, and provided Mother with a form motion to request access to the record. See
Kelly v. State, 436 S.W.3d 313, 319ā20 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153- CV,2018 WL 3861695
, at *2 (Tex. App.āSan Antonio Aug. 15, 2018, no pet.). Mother submitted
a pro se brief.
After reviewing the record, counselās brief, and Motherās pro se brief, we agree that there
are no meritorious issues to be raised and the appeal is frivolous. Accordingly, we affirm the trial
courtās order. We deny counselās motion to withdraw because she does not assert any ground for
withdrawal other than her conclusion that the appeal is frivolous. In re P.M., 520 S.W.3d at 27ā28
(holding counselās obligations in parental termination cases extend through the exhaustion or
waiver of all appeals, including the filing of a petition for review in the Texas Supreme Court).
Irene Rios, Justice
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