Ted Larson v. Jack Giesenschlag
2012 Tex. App. LEXIS 3783
| Tex. App. | 2012Background
- Ted Larson is the father of R.L., born February 2007; his wife Amy died December 2009 while Larson was incarcerated with 13 months left on his sentence.
- In January 2010, R.L.'s maternal grandfather filed a suit to terminate Larson's parental rights and appoint himself sole managing conservator.
- R.L.'s maternal grandmother intervened for grandparent access/possession.
- A bench trial began June 28, 2010; neither Brower (grandmother) nor Larson was represented; no attorney ad litem was appointed; Brower appeared pro se.
- Larson did not appear; Brower asked for continuance and for appointing counsel/ad litem; the court denied the continuance and proceeded to trial.
- The trial court terminated Larson's parental rights based on clear and convincing evidence and stated no attorney ad litem was necessary; on appeal, Larson challenges both the lack of independent representation findings and his participation in the trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err by not making an express representation finding? | Larson | Giesenschlag | Abuse of discretion; remanded to decide participation. |
| Did the court allow Larson an adequate means to participate? | Larson | Giesenschlag | Abuse of discretion; remand to permit meaningful participation. |
Key Cases Cited
- In re A.W., 302 S.W.3d 925 (Tex. App.--Dallas 2010) (inmate participation may be allowed by alternative means)
- In re Z.L.T., 124 S.W.3d 163 (Tex. 2003) (right to be heard; not necessarily personal appearance)
- In re Daughtery, 42 S.W.3d 331 (Tex. App.--Texarkana 2001) (abuse when inmate requested alternative participation)
- Dodd v. Dodd, 17 S.W.3d 714 (Tex. App.--Houston 2000) (fundamental right to be heard in a meaningful time and manner)