Moving … Not So Fast!

Archive, Blog, Brad M. LaMorgese

Two cases recently reversed child custody modifications, one on the lifting of a residency restriction and the other on a conservatorship modification.

In re M.K.T. out of Corpus Christi-Edinburg, released on September 24, 2015, reversed the trial court’s lifting of a residency restriction. The COA found that the mother failed to prove a material and substantial change to justify modification where the conditions that existed at the time of the original order were unclear and many conditions had remained the same.

In re T.J.H. out of Tyler, released on September 15, 2015, reversed a change of conservatorship modification because the Associate Judge in a IV-D case did not have authority to resolve conservatorship. There was also an interesting jurisdiction interplay in this case between the District Court and County Court that the COA resolved.