Court of Appeals of Texas, Fourth District, San Antonio
the 225th Judicial District Court, Bexar County, Texas Trial
Court No. 2018-PA-01238 Honorable Richard Garcia, Judge
Sitting: Rebeca C. Martinez, Justice, Luz Elena D. Chapa,
Justice Beth Watkins, Justice
ELENA D. CHAPA, JUSTICE.
parents, Danielle and Deron, appeal a final order appointing
A.M.T.'s paternal grandmother, A.B., as A.M.T.'s sole
permanent managing conservator and appointing them possessory
conservators. We affirm the trial court's order.
2018, the Texas Department of Family and Protective Services
filed an original petition for A.M.T.'s protection and
conservatorship, and for termination of Danielle's and
Deron's parental rights. A.M.T. was removed and placed
with his paternal grandmother, A.B. A.B. did not file a
petition in intervention and was not otherwise made a party
to the proceedings.
case proceeded to a bench trial. At trial, the Department no
longer sought the termination of Danielle's and
Deron's parental rights. Instead, the Department asked
the trial court to appoint A.B. as A.M.T.'s sole
permanent managing conservator and Danielle and Deron as
possessory conservators. Several witnesses-including two
caseworkers, A.B., Deron's sister, Danielle, and
Deron-testified. After taking the case under advisement, the
trial court signed a final order granting the relief the
Department requested at trial. Danielle and Deron appeal.
appellant's brief, Danielle raises two issues. First, she
argues the trial court erred by appointing a nonparty as
A.M.T.'s sole permanent managing conservator. Second, she
argues the trial court abused its discretion by appointing
her a possessory conservator. In his appellant's brief,
Deron similarly argues the trial court abused its discretion
in finding that appointing A.B. as sole permanent managing
conservator is in A.M.T.'s best interest.
Appointment of Nonparty as Sole Permanent Managing
court recently held that when a trial court does not order
termination of a parent-child relationship, the "trial
court [has] authority to appoint a nonparty managing
conservator." In re M.I.A., No. 04-19-00227-CV,
2019 WL 5030241, at *10 (Tex. App.-San Antonio Oct. 9, 2019,
no pet. h.). Furthermore, trial by consent "can cure
lack of pleading." Bos v. Smith, 556 S.W.3d
293, 306 (Tex. 2018). A.B. testified, without objection, that
she was seeking managing conservatorship. The Department also
requested this relief without objection. Because the parties
litigated the appointment of A.B. as managing conservator
without objection, the issue was tried by consent. See
id. We overrule this issue.
and Deron also argue the trial court abused its discretion in
appointing them as joint possessory conservators.
Applicable Law & ...