in the Matter of the Marriage of Isis Spencer Butts and Rickey Sharnard Butts, 2014 Tex. App. LEXIS 9147

Rickey Butts appeals a final decree of divorce in a restricted appeal from the trial court’s orders appointing Isis Butts sole managing conservator and ordering $800 monthly child support.
The parties are and were married in 2002; their child, R.B., was born in 2002.
Isis filed for divorce in Texas in 2012 after living apart since 2011; Rickey signed a waiver of service stating appearance and consent to decisions without further notice.
A December 19, 2012 hearing resulted in a decree granting Isis sole managing conservator and $800/month child support; Rickey did not attend.
On June 18, 2013 Rickey filed a restricted appeal; the court affirmed in part, reversed and remanded in part, concluding error on the face of the record regarding child support and sustaining the remainder of the decree.
The court ultimately remanded for further proceedings consistent with its opinion and affirmed the rest of the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in child support.	Butts; no evidence of Rickey’s net resources; no §154.130 findings.	Butts; deviation justified by Isis’s resources and needs.	Yes; reversed as to child support and remanded.
Whether the trial court abused its discretion in appointing Isis sole conservator.	Butts; presumption of joint conservatorship not rebutted by evidence.	Butts; evidence overcomes presumption; sole conservator warranted.	No clear abuse; affirmed sole conservatorship.
Whether the final decree is intelligible and properly incorporates the parenting plan.	Decree omits checked exhibits; parenting plan not incorporated.	Exhibits attached and incorporated; decree adequate.	Decree is valid; parenting plan incorporated for all purposes.

Texaco, Inc. v. Central Power & Light Co., 925 S.W.2d 586 (Tex. 1996) (nonparticipation elements in restricted appeal and notice as appealable record)
Stubbs v. Stubbs, 685 S.W.2d 643 (Tex. 1985) (waiver of service alone not participation for restricted appeal)
Campsey v. Campsey, 111 S.W.3d 767 (Tex. App.—Fort Worth 2003) (waiver of service insufficient to negate restricted appeal rights)
Classic Promotions, Inc. v. Shafer, 846 S.W.2d 948 (Tex. App.—Hous. Dist. 1993) (restricted appeal not available to default-like circumstances (as discussed before Texaco disapproved))
Shanks v. Treadway, 110 S.W.3d 444 (Tex. 2003) (divorce decrees construed to harmonize entire decree)
Moreno v. Perez, 363 S.W.3d 725 (Tex. App.—Houston [1st Dist.] 2011) (presumption of minimum wage net resources absent evidence)
In re A.M.P., 368 S.W.3d 842 (Tex. App.—Houston [14th Dist.] 2012) (abuse of discretion standard for child support; evidence required)
In re R.T.K., 324 S.W.3d 896 (Tex. App.—Houston [14th Dist.] 2010) (conservatorship standard and sufficiency)