In Re LJN
329 S.W.3d 667
| Tex. App. | 2010Background
- Stanfield and Whitley are joint managing conservators; L.N. is the biological father and possessory conservator.
- L.N. was ordered to pay $295 monthly child support and made three payments (April–June 2007) which were withheld from his paycheck.
- L.N. was incarcerated starting May 2007 for drug possession, continuing through the relevant proceedings.
- Stanfield filed a petition to terminate L.N.'s parental rights and adopt L.J.N. on July 10, 2008, alleging failure to support during a 12-month period and best interests.
- L.N., represented by counsel after initial pro se appearance, filed indigency declarations and later testified about his lack of income; hearings occurred February 12, 2009 and July 20, 2009.
- The trial court terminated L.N.'s parental rights under TEX. FAM. CODE ANN. § 161.001(1)(F) and rendered adoption to Stanfield; on appeal, L.N. challenges the sufficiency of the evidence under the 12-month ability-to-pay requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is legally sufficient evidence that L.N. had the ability to pay 12 months of support. | Stanfield argues L.N. had ability to pay at least a nominal amount from gifts. | L.N. asserts he had no income or ability to pay; the only evidence of ability came from indigency declarations that he received small gifts. | Legal insufficiency; cannot prove ability to pay for each month; reversed on this ground. |
Key Cases Cited
- Holick v. Smith, 685 S.W.2d 18 (Tex. 1985) (termination standards require strict scrutiny and a parent‑friendly construction)
- In re D.S.P., 210 S.W.3d 776 (Tex. App.—Corpus Christi 2006) (strict standards for proving termination; due process considerations)
- In re E.M.E., 234 S.W.3d 71 (Tex. App.—El Paso 2007) (clear and convincing standard; twelve-month ability-to-pay burden must be met)
- In re J.F.C., 96 S.W.3d 256 (Tex. 2002) (definition of clear and convincing evidence; standards for termination)
- In re N.A.F., 282 S.W.3d 113 (Tex. App.—Waco 2009) (burden to prove ability to pay during each month of the 12-month period)