In the Interest of H.N.T., 367 S.W.3d 901

H.N.T. (born 1998) is the child of Mother and Father, who divorced in 2000 with Mother as primary conservator and no geographic restrictions.
At final decree in 2000, Mother lived in Houston; after remarriage she moved to Grayson County and lived there with H.N.T. from 2000 to 2010.
In March 2010 Father moved to impose a geographic restriction and sought (1) residency in Grayson County, (2) potential support adjustments, or (3) designation of primary residence.
Trial courts hearings began March 19, 2010; temporary orders restricted H.N.T.’s residence to Grayson County.
After further proceedings, including an August 2010 ruling and a December 2010 final hearing, the April 4, 2011 order granted Father the right to designate H.N.T.’s primary residence within Grayson County when Mother resided outside Grayson/contiguous counties, effectively modifying conservatorship.
Mother appeals, arguing the court abused its discretion by imposing a geographic restriction that modified conservatorship without pleading and without a material change in circumstances.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the geographic restriction modified conservatorship.	Mother; no material change, restriction beyond requested relief.	Father; move represents material change and necessity for designation rights.	Abused discretion; order set aside for lack of proper change and authority.

In re A.L.E., 279 S.W.3d 424 (Tex.App-Houston [14th Dist.] 2009) (modification requires material and substantial change in circumstances)
In re W.C.B., 337 S.W.3d 510 (Tex.App.-Dallas 2011) (abuse-of-discretion framework in family-law modifications)
Bates v. Tesar, 81 S.W.3d 411 (Tex.App.-El Paso 2002) (material change standard for modification proceedings)
McGalliard v. Kuhlmann, 722 S.W.2d 694 (Tex. 1986) (unanswered findings may be supplied by presumption when supported by evidence)
Jacobs v. Dobrei, 991 S.W.2d 462 (Tex.App.-Dallas 1999) (abuse-of-discretion review in child custody matters)