In the Interest of K.N., K.L., K.L., and K.L., Children — Memorandum Opinion Per Curiam
In the Interest of K.N., K.L., K.L., and K.L., Children — Memorandum Opinion Per Curiam
Txctapp7
Full text
In The Court of Appeals Seventh District of Texas at Amarillo No. 07-24-00146-CV IN THE INTEREST OF K.N., K.L., K.L., AND K.L., CHILDREN On Appeal from the 223rd District Court Gray County, Texas Trial Court No. 40,562, Honorable Phil N. Vanderpool, Presiding October 22, 2026 ORDER OF ABATEMENT AND REMAND Before PARKER, C.J., and DOSS and PRATT, JJ. Mother, C.N., and Father, R.L., appeal the trial court’s orders entered in this suit affecting the parent-child relationship brought by Appellee, the Texas Department of Family and Protective Services.1 Mother’s and Father’s supplemental briefs are due October 22, 2026. Now pending before the Court is Father’s counsel’s motion to withdraw, in which counsel informs the Court that Father wishes to represent himself on appeal. 1 To protect the privacy of the parties involved, we will refer to them by their initials. See TEX. FAM. CODE § 109.002(d); TEX. R. APP. P. 9.8(b).
2 We abate the appeal, including all pending briefing deadlines, and remand the cause to the trial court to rule on counsel’s motion to withdraw and to determine the following: 1. whether good cause exists to allow Father’s counsel to withdraw from representation, see TEX. R. CIV. P. 10; 2. whether Father still desires to prosecute this appeal; 3. whether Father remains indigent; 4. if Father desires to proceed on appeal pro se, whether his decision to do so is competently and intelligently made, including whether he is aware of the dangers and disadvantages of self-representation on appeal, see In re M.H., 668 S.W.3d 426, 430–31 (Tex. App.—Amarillo 2023, no pet.) (holding that “[a] parent’s waiver of the right to counsel [in a parental termination case] must, at the very least, be knowing and intelligent.”); and 5. whether new counsel should be appointed to represent Father. See TEX. FAM. CODE § 107.013. The trial court shall issue findings of fact and conclusions of law addressing the foregoing matters and shall cause to be developed (1) a clerk’s record containing the findings and conclusions and (2) a reporter’s record transcribing any evidence and argument presented at the hearing. Due to the time-sensitive nature of an appeal from a parental termination order, the record shall be filed with the Clerk of this Court on or before October 29, 2026. See TEX. R. JUD. ADMIN. 6.2(a). If the trial court determines that new appellate counsel should be appointed, the name, address, email address, telephone number, and state bar number of any newly
3 appointed counsel shall be included in the aforementioned findings. Should the trial court determine that the appointment of new counsel is not required, the appeal shall proceed in due course upon reinstatement of the cause on this Court’s docket.2 It is so ordered. Per Curiam 2 Father’s pending motion for an extension of time to file a supplemental brief is dismissed as moot.
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