Agraz v. Carnley
In Agraz v. Carnley, 143 S.W.3d 547 (Tex. App.-Dallas 2004, no pet.), Father was appointed joint managing conservator of the parties' three minor children with the right to determine their primary residence.
The children lived with Father. Mother petitioned to modify the parent-child relationship, alleging the circumstances of the prior order had materially and substantially changed, that the children's present living environment may endanger their physical health or emotional development, and that the modification was in the best interest of the children.
he only evidence offered at trial was Mother's testimony. The trial court granted Mother's petition and awarded Mother the exclusive right to establish the children's residence. No findings of fact or conclusions of law were requested or filed.
Father, who did not file an answer or appear in court, filed a restricted appeal.
The Court concluded that Mother's testimony did not provide evidence of the existing conditions at the time of the entry of the prior order and changes in those conditions.
Accordingly, the Court concluded the testimony was no evidence of a material change in conditions, and the trial court's order to modify was reversed in its entirety. Agraz, 143 S.W.3d at 554.