C.G v. v. Texas Department of Human Resources

McNICHOLAS, Justice.

Appellant appeals from a trial court judgment which terminates her parental rights over her two minor sons, the father having signed a voluntary relinquishment. Appellant presents three points of error for review.

In her first point of error, appellant alleges that the judgment is fatally defective and therefore void because it fails to conform to the pleadings and granted termination of her parental rights on a theory not alleged in the petition.

Appellee, Texas Department of Human Resources, admits that the original petition and proof at trial were based on Tex.Fam. Code…