The only proof of the first criterion was a report of five teenagers under 18 who were or had been pregnant and several other women who had first had children when they were 16 or 17 years old, the court document states. That information came from testimony and a "bishop's record" that listed the names of residents of 37 households, seven of which listed a "wife" at the age of 16 or 17.

"This evidence, regarding fewer than 20 girls, was the sum total of the evidence of danger to the physical health and safety of the over 416 children removed," the attorneys wrote.

A DFPS supervisor, Angie Voss, testified she suggested children be removed from the ranch because of a dangerous pattern and culture of young underage girls marrying much older men. The petition states she had no knowledge of babies being sexually abused, no evidence of boys being physically abused and no knowledge of any males who had conceived a child or had sex with a girl younger than 17.

"The record is devoid of any evidence of danger to the physical health or safety of girls under the age of 15 years. It is also devoid of any evidence of any danger to physical health or safety to any boys."

As for the urgent need for removal, the petition says the culture-of-abuse argument was speculative, but said other options were available but not considered — including removing the men from the ranch.

"Removing fewer men from the premises is more reasonable and less destructive than removing hundreds of children from their homes and separating all of them from their mothers," it states.

When asked whether Voss would consider allowing mothers to stay with their children if they agreed to leave the ranch, she said it wouldn't be acceptable unless they disavowed their belief, according to the petition.

As for the third criterion, the attorneys argue DFPS did not make reasonable efforts to allow the children to go home. They said Texas officials mistakenly viewed the FLDS members as all having the same beliefs and practices and living under the same circumstances.

As an example, the petition cites Lori Jessop, 25, who is married to Joseph Steed Jessop, 27. They were married when she was 18 and now have three children. Joseph has no other wives and no one else lives with the couple and their children.

"There are approximately 11 other families living in the community that have one adult wife and one adult husband," the appeal states. "Moreover, the majority of those households do not reflect the presence of an underage wife."

The Court of Appeals has not yet indicated whether it would hear the case. However, justices last week said they would consider a similar petition questioning the original hearing and evidence by Walther to keep the children in state custody. DFPS is expected to file a response by Friday.

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E-mail: bwest@desnews.com