in the Interest of R.T.K.
324 S.W.3d 896
| Tex. App. | 2010Background
- R.T.K. was born January 19, 1998; his parents Dean and Heidi divorced in 1999 with Dean as sole managing conservator and Heidi as possessory conservator with supervised visitation.
- Heidi often failed to exercise visitation; Dean remarried Stacie in 2001, and the child bonded with Stacie as his mother.
- Dean died in 2006; Stacie sought managing conservatorship; Heidi counterclaimed seeking sole managing conservatorship.
- The trial court appointed Stacie sole managing conservator and Heidi possessory conservator, finding Heidi’s appointment would significantly impair the child’s health and development.
- Heidi appealed, arguing the court failed to apply the parental presumption and that the evidence did not support a move to appoint Stacie.
- The appellate court affirmed, holding the record supported modifying custody to Stacie and upheld the trial court’s discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parental presumption was properly applied | Heidi argues the presumption in 153.131(a) governs original suits and requires rebuttal by unfitness. | Stacie argues the suit is a modification, not original, so no presumption applies. | No abuse; record supports rebutting the presumption. |
| Whether modification evidence supports sole custody of Stacie | Heidi contends insufficient proof to overcome presumption and justify change. | Stacie contends evidence shows stability and best interests favor appointment. | Evidence suffices to modify to Stacie as sole managing conservator. |
Key Cases Cited
- In re V.L.K., 24 S.W.3d 338 (Tex. 2000) (parental presumption in original custody actions; child’s best interest central)
- C.A.M.M., 243 S.W.3d 211 (Tex. App.—Houston [14th Dist.] 2007) (distinguishes original vs. modification proceedings; policy concerns)
- De La Pena, 999 S.W.2d 521 (Tex. App.—El Paso 1999) (custody, stability, and expert testimony on emotional development)
- Rodriguez, 940 S.W.2d 265 (Tex. App.—San Antonio 1997) (supports nonparent custody where stability and safety are at issue)
- Vogel, 261 S.W.3d 917 (Tex. App.—Houston [14th Dist.] 2008) (modification standard; stability and relocation impact on child)
- A.L.E., 279 S.W.3d 424 (Tex. App.—Houston [14th Dist.] 2009) (broad deference to trial court in best-interest determinations)
- Baltzer, 240 S.W.3d 469 (Tex. App.—Houston [14th Dist.] 2007) (sufficiency of evidence in custody rulings; deference to trial court)