Binder v. Joe

In Binder v. Joe, 193 S.W.3d 29 (Tex. App.--Houston 1st Dist. 2006, no pet.), the children's father was originally named possessory conservator and was ordered to pay child support. See id. at 31. He subsequently filed a petition to modify, seeking appointment as "conservator of the rights to determine the primary residence of the remaining minor child and to receive child support for that child's benefit." Id. The trial court signed a default order that removed the mother as managing conservator, appointed the father as sole managing conservator, ordered the mother to begin paying child support, and reduced the father's alleged child support arrearage to zero. Id. at 31-32. In the mother's restricted appeal, the court held that the trial court abused its discretion by appointing the father as sole managing conservator of the child and by reducing the father's child support arrearages to zero because the father's pleadings did not support those grounds for relief. Id. at 33.