Breaking NewsLaw.com and associated brands will be offline for scheduled maintenance Friday Feb. 26 9 PM US EST to Saturday Feb. 27 6 AM EST. We apologize for the inconvenience.

 
X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:On Sept. 18, 2002, Child and Leverton entered into a mediated settlement agreement in their divorce case. At that time, as well as at the time the trial court entered the decree of divorce, Leverton and the parties’ two children lived in Taylor County. In accordance with the mediated settlement agreement, the Feb. 25, 2003 divorce decree contained language restricting Leverton’s right to establish the legal residence of the children, A.C. and B.C. The divorce decree provides that Leverton shall have the exclusive right: “[T]o determine and establish the children’s legal residence and domicile within Denton and Taylor Counties, Texas, through May 2003; thereafter, the right to determine and establish the children’s legal residence and domicile within Denton and Tarrant Counties, Texas; provided, that determining and establishing such residence within Tarrant County shall be east of Highway 1220 and north of Highway 183.” On May 15, 2003, Leverton filed a petition to modify the geographical restrictions in the decree. On Nov. 17, 2003, Child filed a motion for enforcement. He alleged that Leverton had failed to comply with the divorce decree, because she had not established the children’s residence in either Denton County or Tarrant County. Child asked the trial court to hold Leverton in contempt and to require Leverton to move the children from Taylor County to either Denton or Tarrant County. On Feb. 9, 2004, the trial court held a hearing on the motion and issued its order on March 24, 2004. The trial court found that the terms of the order which Child sought to enforce were “not specific enough” for the remedy sought. In its order, the trial court expanded the order to allow Leverton to designate the primary residence of the children within Taylor, Denton, or Tarrant counties, “provided that in determining and establishing such residence within Tarrant County, Texas, said residence shall be East of Highway 1120 and North of Highway 183.” Child appealed the order. Child argued that the trial court erred in finding that the order was not specific enough to be enforced; in failing to enforce the provisions regarding designation of his children’s residence in Denton or Tarrant counties; and maintaining that the trial court abused its discretion when it found that there had been a material and substantial change in circumstances since the date of the agreement. HOLDING:Affirmed. The court reviewed legal and factual sufficiency considerations as factors to be considered in determining whether the trial court abused its discretion. The court held that it found some evidence of a material and substantial change in circumstances that beared upon the best interest of the children. The court held that the evidence was not so contrary to the overwhelming weight of the evidence as to be clearly wrong and manifestly unjust. After a consideration of all of the factors relating to an abuse of discretion in cases of this nature, the court held that the trial court did not act in an arbitrary and unreasonable manner and neither did it act without reference to guiding principles. Therefore, the court stated that the trial court did not abuse its discretion when it modified the provisions relating to the residency of the children. OPINION:Wright, C.J.; Wright, C.J., and McCall and Strange, J.J.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.