In the Interest of R.O.M., M.C.M., and E.S.M., Children v. the State of Texas, 05-23-00926-CV

Father and Mother divorced in 2020 and have three children; only M.C.M.'s custody is at issue here.
Father filed to modify the parent-child relationship, seeking increased custody and alleging substantial change in circumstances.
Evidence showed Father never exercised his scheduled custody, had strained relationships with R.O.M. and M.C.M., and had several physical confrontations with M.C.M.
The trial court met with the two older children in chambers; evidence included counseling testimony and text messages from M.C.M. expressing fear of Father.
The trial court reduced Father’s visitation with M.C.M. to two, 2-hour supervised lunches per month.
Father appealed, arguing that the trial court: (1) granted relief not pleaded, and (2) acted without sufficient evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court could reduce Father's
possession without specific pleadings	Father: No party pleaded for reduced possession; order must conform to the pleadings	Mother: Possession was properly before the court under general prayers for relief and best interest of the child	The pleadings and best interest standard gave trial court authority for the reduction
Whether evidence sufficiently supported reduced
possession	Insufficient evidence to justify restriction	Evidence showed estrangement, trauma, and child’s wishes	There was probative evidence; missing trial records presumed supportive of order

Gillespie v. Gillespie, 644 S.W.2d 449 (Tex. 1982) (sets abuse-of-discretion standard for reviewing custody modifications)
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) (establishes factors for determining best interest of the child)
Leithold v. Plass, 413 S.W.2d 698 (Tex. 1967) (confirms broad trial court powers in child custody proceedings)
Moroch v. Collins, 174 S.W.3d 849 (Tex. App.—Dallas 2005) (sets framework for reviewing trial court discretion in family law)