A Texas appellate court has affirmed the termination of a father's parental rights in a case involving child welfare. The Texas Court of Appeals, Third District, ruled on September 29, 2026, that A.G., the father, had constructively abandoned his daughter, Annie. This decision impacts A.G. and his daughter, as well as the broader legal framework surrounding parental rights and child welfare cases.

The case, A.G. v. Texas Department of Family and Protective Services, originated in the 419th District Court of Travis County. It highlights the challenges faced by parents involved in child protective services and the criteria courts use to determine parental rights. The ruling underscores the importance of maintaining a stable environment for children in state custody.

Background

The appellant, A.G., is the father of Annie, who was born in May 2020 with THC and cocaine in her system. At the time of her birth, A.G. was incarcerated. Following Annie's birth, the Texas Department of Family and Protective Services (DFPS) filed a suit to affect the parent-child relationship, known as a Suit Affecting the Parent-Child Relationship (SAPCR). The court ordered both parents to complete various services, including drug screenings and therapy.

As the SAPCR progressed, A.G. remained incarcerated, and the DFPS filed periodic status reports with the court. The mother, C.T., was discharged unsuccessfully from drug court in June 2022. In August 2022, the court appointed C.T. as a temporary managing conservator for Annie. A.G. was referred to as the “alleged father” and was not granted any conservatorship rights.

In April 2023, the DFPS became involved again after law enforcement responded to a disturbance at the maternal grandmother's home. The DFPS filed a petition for intervention, stating that A.G. had a right to file a statement of paternity regarding Annie. It was not until June 2024 that A.G. was served while still incarcerated. The court later established that A.G. was the biological father of Annie in February 2026, paving the way for the trial.

The Ruling

The trial occurred over four dates from October 2025 to January 2026, during which multiple witnesses testified, including the mother, CPS caseworkers, police officers, and a therapist. A.G. did not appear at trial but was represented by a court-appointed attorney. On April 12, 2026, the trial court ruled to terminate A.G.'s parental rights, citing two predicate grounds: constructive abandonment and his inability to care for the child due to incarceration.

The court ruled that A.G. had shown an inability to provide a safe and stable environment for Annie and had not maintained significant contact with her.

The court found that the DFPS had made reasonable efforts to reunite A.G. with Annie but that A.G. had failed to comply with the services required for reunification. The court determined that it was in Annie's best interest to terminate A.G.'s parental rights.

Impact

This ruling has significant implications for A.G. and Annie, as it terminates A.G.'s legal rights to his daughter. It also affects how cases involving parental rights are handled in Texas, particularly regarding the criteria for termination. The ruling reinforces the importance of parental involvement and the consequences of failing to engage with child protective services.

The decision may set a precedent for future cases involving parental rights and child welfare, especially in situations where a parent is incarcerated. It highlights the importance of maintaining contact and fulfilling court-ordered services to retain parental rights.

What's Next

A.G. may have the option to appeal the court's decision, although the court filing did not specify any related cases pending. The outcome of this case could influence similar cases in Texas and beyond, as courts continue to navigate the complexities of parental rights and child welfare.