Attorney Dan-Phi V. Nguyen's Legal Cases

Child abuse

In the Interest of T.R.C., No. 09-26-00019-CV, 2026 WL 1953219 (Tex.App.--Beaumont, July 6, 2026, no pet.)(memo. op).

Jul 06, 2026

OUTCOME: Court of Appeals Reversed and Rendered Judgment in favor or Mom.

Accellerated appeal following a final order for termination of parental rights between a mother and one of her two boys. Both children were taken from mom's care by DFPS under emergency custody for d ... ischarging child against medical advice after being admitted to hospital for his diabetes. Drug use and stability were also primary concerns. Mom completed family service plan, got the children returned home under a monitored return only to have her one diabetic son removed from her again because the boys were fighting. Trial Court terminated mom's parental rights. Mom appealed before the Ninth Court of Appeals in Beaumont, Texas. Court of Appeals opined the trial record lacks clear and convincing evidence of continuing danger that remains in the home that prevents the child's return to the parent.

Appeals

Pope v. Perrault, No. 01-21-00648-CV, 2023 WL 4003516 (Tex.App.-Houston [1st Dist.] June 15, 2023, no pet.)

Jun 15, 2023

OUTCOME: Trial Court Judgment Reversed and Remanded for Further Proceedings

This is my first appeal on my first petition for bill of review. My first appellate success story. This case involved a collateral attack on a final SAPCR order of which my client was never served wi ... th process or notice of the proceedings. Certain details are undisclosed only because the proceedings in the trial court have not concluded, but the Court of Appeals had reversed the trial court's previous dismissal of the bill of review petition in its entirety based on findings outside the permissible scope of "Baker v. Goldsmith" regarding prima facie show of meritorious defenses to qualify for a trial setting on a bill of review. The Court of Appeals further recognized that the meritorious defenses exist as a matter of law based on the opposing petitioner's pleadings and the facts alleged in her pleadings weighed against the grandmother's jurisdictional facts to establish general standing as a nonparent to file a SAPCR suit against the biological parents. However, there was extrinsic evidence to support the position that the entry of the subsequent final order procured by fraud or other dishonest means, sufficient to overturn and vacate that final order by bill of review. Prior to the filing of the appeal however, the trial court denied and dismissed the bill of review proceedings based on factual findings outside the permissible scope of presenting meritorious defenses in a "Baker Hearing."

Adoption

In re M.S.D.

Dec 17, 2021

OUTCOME: Adoption and Name Change Granted in favor of client over the objections of DFPS

In a rare case of a contested adoption case involving a young child in the foster care system for 10 years with three failed adoptive placements. My client was an unrelated foster parent ("PD") and th ... e last placement for the child while under the permanent managing conservatorship of DFPS. Child was removed from PD's home and immediately into another adoptive home due to PD's minor infraction of minimum standards with respects to another foster child removed from the home. Few months later, child was court ordered back in the home of PD over the objections of DFPS. The court ordered placement of the child was later reported to licensing agency, resulting in revocation of PD's foster care license, creating a pretextual ground for refusal to consent to the adoption of the child by PD. A contested trial on the merits on the contested adoption was held on December 17, 2021. The Court overruled DFPS's objections to the adoption after finding DFPS failed to show good cause for refusing to consent. The Court granted PD's petition for adoption and further granted the child his requested name change.

Dan-Phi V. Nguyen's Legal Cases (3)

In the Interest of T.R.C., No. 09-26-00019-CV, 2026 WL 1953219 (Tex.App.--Beaumont, July 6, 2026, no pet.)(memo. op).

Pope v. Perrault, No. 01-21-00648-CV, 2023 WL 4003516 (Tex.App.-Houston [1st Dist.] June 15, 2023, no pet.)

In re M.S.D.