Wall v. Texas Dept of Family and Protective Services

By Third District, at Austin Texas Court of Appeals

Wall v. Texas Dept of Family and Protective Services - Third District, at Austin Texas Court of Appeals
  • Release Date: 2005-08-25
  • Genre: Law

Description

Hydi Wall appeals a judgment terminating the parent-child relationship with her children W.C.C. and T.C. In four issues, she contends that the district court erred by failing to strictly construe the language of her affidavit relinquishing her parental rights in a manner that would permit her to revoke the relinquishment; by refusing to hear evidence that her affidavit of relinquishment was obtained by fraud, duress, undue influence, or coercion; and by failing to set a hearing on her motion for new trial. Because the district court erred by failing to conduct a hearing pursuant to section 263.405(d) of the family code, we abate the appeal and instruct the district court to conduct a hearing consistent with the statute and our opinion.