In Re WCB
337 S.W.3d 510
| Tex. App. | 2011Background
- Mother and Father divorced in 2007; Mother had exclusive right to designate the child’s primary residence.
- Divorce decree imposed a residency restriction to Grayson County and nearby counties; relocation without consent or court order was prohibited.
- In Jan 2009, Mother moved W.C.B. to Illinois without Father’s consent or a court order.
- Father petitioned to modify the parent-child relationship, seeking joint managing conservatorship with the exclusive right to designate the child’s primary residence.
- Trial court granted Father’s petition; Mother did not obtain timely findings and conclusions, and later filed for new trial which was denied.
- Mother appealed, challenging the modification as an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court abuse its discretion in modifying conservatorship to give Father exclusive right to designate the child’s primary residence? | Mother argues there was legally and factually insufficient evidence; relocation was unilateral and not shown to harm the child. | Father contends the move violated the residency restriction, constituted a material change, and that modification served the child’s best interests. | No abuse; relocation was a material change and the order is supported by the best interests analysis. |
Key Cases Cited
- In re B.M., 228 S.W.3d 462 (Tex.App.-Dallas 2007) (abuse of discretion standard for modification of conservatorship)
- A.B.P., 291 S.W.3d 91 (Tex.App.-Dallas 2009) (abuse of discretion; sufficiency considerations in family law)
- Agraz v. Carnley, 143 S.W.3d 547 (Tex.App.-Dallas 2004) (material/substantial change and best interests analysis)
- Bates v. Tesar, 81 S.W.3d 411 (Tex.App.-El Paso 2002) (factors for determining relocation impact on custody)
- Lenz v. Lenz, 79 S.W.3d 10 (Tex.2002) (factors for considering relocation and best interests)
- S.E.K., 294 S.W.3d 926 (Tex.App.-Dallas 2009) (standard for reviewing sufficiency in custody cases)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005) (evidentiary sufficiency standards and deference to trial court)