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Larson v. Giesenschlag

The appellant challenges the trial court's order terminating his parental rights to his child. The appellant was incarcerated and did not appear or otherwise participate in the bench trial that resulted in the termination of his parental rights. While the trial court was not obligated to allow the appellant to participate in any particular manner, it was obligated to allow him to participate in some meaningful manner. The trial court's judgment is reversed and remanded. Austin Court of Appeals, No. 03-10-00627-CV, 05-11-2012.

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OPINION

In this restricted appeal, appellant Ted Larson challenges the trial court’s order terminating his parental rights to his child, R.L., in a private termination suit filed by R.L.’s maternal grandfather. See Tex. Fam. Code Ann. § 101.032(a) (West 2008) (providing that suit to terminate parental rights is suit affecting parent-child relationship), § 102.003(a)(9) (West Supp. 2011) (providing that suit affecting parent-child relationship may be filed by person, other than foster parent, who has had actual care, control, and possession of child for at least six months). Larson, who was incarcerated at the time, did not appear or otherwise participate in the bench trial that resulted in the termination of his parental rights. In two points of error, Larson contends that the trial court erred in failing to make an express, independent finding that appointment of an attorney ad litem was required and that the trial court erred in failing to allow him to participate in the trial. Because we conclude that the trial court abused its discretion in denying Larson’s request to participate, we reverse the order of the trial court and remand for further proceedings consistent with this opinion.

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