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

Tags: geographical restriction, modification, change of circumstances