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Click here for the full text of this decision FACTS:The parties were divorced Feb. 6, 2003. On Aug. 6, 2004, appellee filed a petition to modify the parent-child relationship. A jury trial was held and a final judgment modifying the conservatorship of the child was entered on Jan. 7, 2005. Additionally, the trial court assessed attorney’s fees of $7,500 against appellant and ordered that the attorney’s fees were “for legal services rendered in relation to the child and in the nature of child support.” HOLDING:Affirmed as modified. Appellee asserts that attorney’s fees awarded in a suit affecting the parent-child relationship may be denominated as necessaries to the children. See In the Interest of A.J.L. and E.M.L., 108 S.W.3d 414 (Tex. App. – Fort Worth 2003, pet. denied); London v. London, 94 S.W.3d 139 (Tex. App. – Houston [14th Dist.] 2002, no pet.). This proposition is premised on the concept that a parent has an obligation to support her minor children. The court distinguishes A.L.J. and London. Those cases focus solely upon the recovery of attorney’s fees as “necessaries to the child.” In this case, the appellee sought to modify the conservatorship of the child and the attorney’s fees awarded the appellee were incurred only in pursuing the suit to modify the parent-child relationship. The record does not reflect any claims for enforcement of delinquent child-support obligations. Consequently, there is no basis in the facts or the law to characterize the award of attorney’s fees as “in the nature of child support.” The court modifies the order regarding attorney’s fees in the amount of $7,500 to assess them only as a judgment debt, not as child support. OPINION:Lang, J.; O’Neill, FitzGerald and Lang, JJ.

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