in the Interest of D.M., M.M., and M.M., Children, 02-16-00473-CV

Background

Parents (A.M. — Father, K.M. — Mother) with four children had long-term methamphetamine abuse and mental-health issues; two younger children tested positive for methamphetamine at removal.
Multiple incidents of domestic violence: Mother and Father each had assault convictions for family violence; Father had two convictions for assault causing bodily injury to a family member. Some violence occurred within two years of DFPS’s SAPCR.
DFPS filed a SAPCR and obtained emergency removal in March 2015; DFPS was named temporary managing conservator and relatives (Aunt and Uncle) received temporary possessory conservatorship for two children.
Parents repeatedly relapsed over eight years; they later entered a halfway house, stopped using drugs in that controlled setting, and sought a monitored return and extension of the dismissal date.
Trial court held hearings, considered reopened evidence about housing, and in December 2016 appointed DFPS sole managing conservator, denied parents managing-conservator status (parents retained supervised visitation only), and declined to appoint a relative as managing conservator. The SAPCR was dismissed without prejudice.

Issues

Issue	Father/Mother's Argument	DFPS/Respondent's Argument	Held
Whether evidence supports finding that appointing parents (joint or sole) would significantly impair children’s physical health or emotional development (best-interest/significant impairment)	Parents argued evidence was legally and factually insufficient; they cited improved sobriety, housing, and ability to provide safe environment	DFPS emphasized history of substance abuse, relapse, family violence, and children’s stability in care; argued parents’ history rebutted parental-presumption	Court held evidence supported best-interest finding; no abuse of discretion in denying parents managing conservatorship
Effect of parents’ history of family violence on conservatorship/possession/access	Parents focused on impairment proof and housing; minimized or did not effectively contest family-violence effect	DFPS pointed to credible evidence of family violence within two years of SAPCR, which removes parental-presumption and bars joint managing conservatorship	Court held parents’ recent history of family violence justified appointment of DFPS as sole managing conservator and denial of parents’ requests
Appropriateness of monitored return / extension of dismissal date	Parents sought monitored return and extension, arguing changed circumstances (housing in Abilene) warranted reopening and monitored return	DFPS argued monitored return inappropriate until parents proved stable and sober outside controlled setting; dismissal date already extended once under statute	Court rejected monitored return request implicitly by appointing DFPS; extension argument waived and, in any event, further extension barred by statute
Whether relatives should be appointed managing conservators	Parents proposed relatives (Aunt/Uncle) for placement; argued relatives appropriate	DFPS and court assessed relatives’ capacity and children’s best interest, plus statutory factors favoring DFPS given parents’ history	Court found appointment of relatives as managing conservators not in children’s best interest and appointed Aunt/Uncle only possessory conservators for two children

Key Cases Cited

In re J.A.J., 243 S.W.3d 611 (Tex. 2007) (standards for reviewing conservatorship best-interest determinations)
Gillespie v. Gillespie, 644 S.W.2d 449 (Tex. 1982) (trial court’s wide latitude in custody decisions)
In re T.D.C., 91 S.W.3d 865 (Tex. App.—Fort Worth 2002) (abuse-of-discretion review in SAPCR matters)
In re M.A.M., 346 S.W.3d 10 (Tex. App.—Dallas 2011) (parsing sufficiency of evidence for conservatorship and possession determinations)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (nonexclusive best-interest factors)
In re Marriage of Bertram, 981 S.W.2d 820 (Tex. App.—Texarkana 1998) (best-interest considerations in custody cases)
In re D.M., 58 S.W.3d 801 (Tex. App.—Fort Worth 2001) (review of multiple best-interest factors)
In re K.S., 492 S.W.3d 419 (Tex. App.—Houston [14th Dist.] 2016) (substance abuse and family-violence evidence supporting conservatorship determinations)