In the Interest of De La Pena

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that harm to the child may not be based on evidence that raises mere surmise or speculation of possible harm
• reasoning that harm to the child may not be based on evidence that raises mere surmise or speculation of possible harm
• stating that while evidence of parent’s past misconduct alone may not be sufficient to show present unfitness, “we recognize that a[ ] [parent]’s future conduct may be somewhat determined by recent past conduct”
• stating that while evidence of parent’s past misconduct alone may not be sufficient to show present unfitness, “we recognize that a[ ] [parent]’s future conduct may be somewhat determined by recent past conduct”
• finding non-parent failed to rebut parental presumption where non-parent thwarted efforts of parent to regain possession, even though initial relinquishment was voluntary
• implying finding that separation of child from brother was not in child's best interest in light of judgment appointing father with possession of brother as managing conservator of child

Source: CourtListener parenthetical corpus (CC0).