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In re Smith

Because the trial court did not abuse its discretion in sustaining the indigency contest or in denying appellant's motion for reconsideration, the appellant is not entitled to proceed in this appeal without advance payment of costs and the filing fee.

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ORDER SUSTAINING INDIGENCY CONTEST AFFIRMED

The appellant in the above numbered and styled appeal filed a notice of appeal on August 8, 2001, to challenge the trial court’s judgment entered on June 4, 2001. The appellant also filed her affidavit of indigency and a motion to abate the appeal pending resolution of her affidavit of indigence and request for the record to challenge the trial court’s order sustaining the appellee, William N. Wetz’s, contest to her affidavit of indigence. The clerk and court reporter duly filed their records concerning the indigency ruling pursuant to our order of September 20, 2001, and we have reviewed the record. See Tex. R. App. P. 34.5(c)(1); 34.6 (d); Arroyo v. Holloway, 988 S.W.2d 737, 737 (Tex. 1998). Our review is governed by an abuse of discretion standard. De La Vega v. Taco Cabana, Inc., 974 S.W.2d 152, 154 (Tex. App.-San Antonio 1998, no pet.).

The Texas Family Code now requires the trial court to appoint an attorney ad litem to represent the interests of an indigent parent who opposes the termination of her parental rights. See Tex. Fam. Code Ann. � 107.013 (a)(1) (Vernon Supp. 2001). The statute regarding appointment of counsel for indigent parents does not expressly provide for representation on appeal. See id. The Tenth Court of Appeals has opined that parental rights would not be adequately protected if an indigent parent, whose parental rights were in jeopardy of being terminated, was required to pursue an appeal without an attorney. In re T.V., 8 S.W.3d 448, 450 (Tex. App.-Waco 1999, orig. proceeding).

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