modification
Modification Denied Because Parties Still Fighting
September 20, 2009
In In re: A.B.P., 291 S.W.3d 91 (Tex. App. -
Dallas 2009), a court denied a modification request
because there had been no material and substantial
change in circumstances: The parents continued to
fight with each other such that the more recent
fights were nothing new. Comment: Perhaps the
legislature should consider failure to change
circumstances for the better as a ground for
modification.
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Courtesy of Verner & Brumley, P.C. Dallas, Texas
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