Baltzer v. Medina

In Baltzer v. Medina, 240 S.W.3d 469 (Tex. App.--Houston 14th Dist. 2007, no pet.), the appellant appealed the trial court's order modifying the joint managing conservatorship and designating the appellee as sole managing conservator. The appellant argued that because the appellee did not request to be appointed sole conservator, the trial court abused its discretion by granting the relief. The court of appeals noted that the appellee testified that he wanted certain exclusive rights but that he did not request the right to be sole managing conservator. The court of appeals held that because the appellee did not request that the trial court appoint him sole managing conservator and in fact expressly requested that the conservatorship be shared, the trial court abused its discretion by designating the appellee as sole managing conservator.