change of circumstances
Modification Requires Change of Circumstances
April 14, 2009
Texas law permits modification of a conservatorship
order only if "the circumstances of the child, a
conservator, or other party affected by the order
have materially and substantially changed" since the
previous order and modification would be in the
child's best interest. The trial court modified a
thirty-mile residency restriction by contracting it
to the borders of two school districts when the
mother wanted to move but the father testified that
driving thirty miles to see the children would cut
down on his possession time. The Fort Worth Court of
Appeals reversed because there had been no material
and substantial change since the previous order.
In the Interest of T.L.S., No. 02-08-238-CV
(Tex. App. - Fort Worth Apr. 9, 2009).
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas