• Tex. App. Dist. 1
  • Michael Massengale Justice
The appellant contends that the evidence was legally and factually insufficient to support the termination of her parental rights and the naming of the Department of Family and Protective Services as sole managing conservator, rather than the child's paternal grandmother. The harm that smoking may cause to a child with a respiratory problem weighs against the grandmother under the second and third Holley factors, which require consideration of the needs of the child and physical danger to the child. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-12-00223-CV, 12-13-2012.