Davis v. Davis

In Davis v. Davis, 794 S.W.2d 930, 934 (Tex. App.--Dallas 1990, no writ), the court considered and rejected a similar claim by a mother who complained that the trial court's grant of "visitation" to the father during "the majority of the child's waking time when he is not in daycare" amounted to a change in the managing conservatorship of the child, and was therefore in contradiction of a jury verdict appointing her sole managing conservator. Affirming the trial court's judgment, the court stated that in resolving a dispute about whether a court's grant of possession rights amounts to a de facto change of conservatorship, we must look to all of the duties imposed upon mother and father, not just the possession and access schedules. The court pointed out that "a managing conservatorship entails much more than mere 'available time' with the child."