LEGAL LINGO: SAPCR = Suit Affecting the Parent Child Relationship under the Texas Family Code A legal action for modification of custody, visitation or child support is initiated by filing a Petition for Modification or Motion to Modify a prior order in SAPCR proceeding. Child custody is called managing conservatorship in Texas. Joint custody is called joint managing converatorship (JMC), as opposed to sole managing conservatorship (JMC) and possessory conservatorship (PC) with possession and access aka visitation. MODIFICATION OF CUSTODY OR VISITATION: A petitioner can obtain modification of an order that provides for the appointment of a conservator for a child or provides the terms and conditions of conservatorship if the petitioner demonstrates that modification would be in the best interest of the child and that the circumstances of the child, a conservator, or other party affected by the order have "materially and substantially changed" since the date of the rendition of the order. Id. § 156.101 (Vernon Supp. 2008). The party seeking modification has the burden to establish these elements by a preponderance of the evidence. Zeifman v. Michels, 212 S.W.3d 582, 589 (Tex. App.--Austin 2006, pet. denied); Agraz v. Carnley, 143 S.W.3d 547, 552 (Tex. App.--Dallas 2004, no pet.). Recent appellate domestic relations decisions from Houston appeals courts: Modification of prior order in SAPCR (Suit affecting the parent-child relationship) If Notice of Appeal is filed late, court of appeal will generally dismiss Martin v. Martin ((Tex.App.- Houston [1st Dist.] Jun. 25, 2009) (Opinion by Bland)(notice of appeal in SAPCR proceeding untimely, appeal dismissed for want of jurisdiction, appellate timetable and deadline to perfect appeal) DISMISS APPEAL: Opinion by Justice Bland Panel members: Justices Keyes, Hanks and Bland 01-09-00136-CV Mayuko Saeki Martin v. Timothy E. Martin Appeal from 328th District Court of Fort Bend County In the Interest of ALE (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Sullivan) (SAPCR modification suit, supervised visitation, alcohol) AFFIRMED: Opinion by Justice Sullivan Before Justices Brock Yates, Guzman and Sullivan 14-07-00329-CV In the Interest of A.L.E. Appeal from 245th District Court of Harris County Trial Court Judge: Judge Annette Kuntz In Interest of DCM, LGM (Tex.App.- Houston [14th Dist.] Sep. 9, 2008)(Hedges) (SAPCR modification, mischaracterization of attorney's fees as child support corrected) AFFIRMED: Opinion by Chief Justice Hedges Before Price, Chief Justice Hedges, Justice Boyce 14-06-00844-CV In the Interest of D.C.M. and L.G.M Appeal from 387th District Court of Fort Bend County Trial Court Judge: Robert J. Kern Trial Court Rulings affirmed in two appeals from modification cases McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks) (SAPCR, MTM motion to modify child support, voluntary underemployment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00634-CV Michael McLane v. Sandra Helene McLane Appeal from 309th District Court of Harris County (Judge Frank Rynd) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (SAPCR, MTM, child support increase) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-01037-CV Henry Cleburne McMichael, IV v. Jackie McMichael Appeal from 311th District Court of Harris County (Hon. Doug Warne) Grandparent Gets Custody of Kids in Parents' Divorce - Court of Appeals affirms managing conservatorship to grandparents notwithstanding presumption that favors natural parents Father given custody - mother had anger problems - Court of Appeals affirms Cain v. Cain (Tex.App - Houston [14th Dist.] Nov. 29, 2007)(Anderson)(divorce, SAPCR, primary conservatorship, domestic violence, anger issues, alcohol, Holley v. Adams factors) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00115-CV Carla Ruth Cain v. Anthony Wilfred Cain Appeal from 25th District Court of Colorado County (Hon. Dwight E. Peschel) Sole custody to father reversed where father had not requested sole managing conservatorship Baltzer v. Medina (Tex.App- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(SAPCR, motion to modify) REVERSED AND REMANDED: Per Curiam Before Judge Sears, Justices Frost and Seymore 14-05-01271-CV Trudie Lynne Baltzer v. Larry Ruiz Medina Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Trial court erred in naming Larry as sole managing conservator and in not continuing the conservatorship with Larry and Lynne serving as joint managing conservators. Attorney's fees award also reversed. Intervening grandparents prevail over natural parent in seeking conservatorship of grandchildren - court of appeals affirms Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(SAPCR, grandparents) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00972-CV Brian K. Heiskell v. Kennith and Sheri Kendrick Appeal from 311th District Court of Harris County (name of judge omitted from docket, Hon. Warne?) In Interest of A.A.M. (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) [family law, SAPCR, MTM, father custody] AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00740-CV In the Interest of A.A.M and C.E.M., Minor Children Appeal from 257th District Court of Harris County (Hon. Linda Motheral) Mandatory Venue in Family Law Case enforced by Mandamus In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks) [mandamus, venue, motion for transfer of venue, MTV, family law, children six month residency, venue court of continuing jurisdiction] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-07-00013-CV In re Ronnie D. Wilson Appeal from 245th District Court of Harris County (Hon. Annette Galik) Monk v. Pomberg (Tex.App. - Houston [1st. Dist.] Mar. 29, 2007)(Alcala)(subst. opinion on motion for rehearing) (UDJA, divorce, SAPCR, pro se litigants) |
| SAPCR Modification Case Law from the Houston Courts of Appeals Houston Opinions |
| Houston Family District Courts and Family Court Judges in the Harris County Family Law Center (photo above) 245th District Court Judge Annette Galik n/k/a Kuntz 246th District Court Judge Jim York 247th District Court Judge Bonnie Crane Hellums 257th District Court Judge Judy Warne 308th District Court Judge Georgia Dempster 309th District Court Judge Frank B. Rynd 310th District Court Judge Lisa Millard 311th District Court Judge Doug Warne 312th District Court Judge Robert Hinojosa Located at 1115 Congress Ave. - Houston, TX 77002 ---> Other Houston Courts and Judges |
