In the Interest of E.K.D., a Child v. the State of Texas
07-24-00342-CV
| Tex. App. | Jul 23, 2025Background
- The case involved modification of a foreign (Nevada) custody order in Texas concerning the child E.K.D. of Kailyn Andrews and Nicholas Denbrock.
- Both parties sought expanded rights: Denbrock wanted exclusive rights to designate the child’s residence and make key decisions; Andrews counterpetitioned for similar relief.
- The trial court appointed both as joint managing conservators but gave Denbrock exclusive primary rights and limited Andrews to supervised visitation.
- Andrews was ordered to pay $1,500 per month in child support, based on a determination of her net resources at the statutory maximum.
- Andrews appealed the supervised visitation and child support determinations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Supervised visitation | Requiring supervised visitation was an abuse of discretion; evidence didn't rebut standard possession presumption | Andrews’s repeated violations and interference warranted supervision | No abuse of discretion; evidence supported supervised visits |
| Sufficiency of evidence rebutting standard order | Trial court based ruling on technical violations, not child’s best interest | Andrews’s ongoing interference and instability harmed child’s welfare | Evidence was sufficient; trial court acted within discretion |
| Calculation of child support (net resources) | Net resources overstated; only received limited monthly income | Andrews failed to provide required financial disclosures, claimed higher expenses | No abuse; evidence (especially lack of disclosure) supported max resources determination |
Key Cases Cited
- In re J.A.J., 243 S.W.3d 611 (Tex. 2007) (establishes abuse of discretion standard for conservatorship modifications)
- Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (identifies best interest of the child factors for conservatorship decisions)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex. 2003) (factfinder is sole judge of witness credibility)
- Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002) (best interest determination is intensely fact-specific and trial court best positioned to make decision)