Be Careful What You Say in Your Briefs

Section 161.002(b) of the Texas Family Code permits termination of the parental rights of an “alleged father” in certain circumstances. In In re D.T., No. 02-13-00331-CV (Tex. App. – Fort Worth Jan. 23, 2014) (mem. op.), a terminated father “admitted” in his brief that he was “the alleged biological father” of the child. The Forth Worth Court of Appeals took that as a judicial admission that he was the “alleged father” and affirmed the termination.

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