In re Interest of J.B.J., 10-21-00049-CV

• Court: Court of Appeals of Texas
• Writing for the Court: TOM GRAY, Chief Justice
• Citation: 649 S.W.3d 828
• Parties: In the INTEREST OF J.B.J., J.M.J., and J.I.J., Children
• Docket Number: 10-21-00049-CV
• Decision Date: 29 June 2022

649 S.W.3d 828

In the INTEREST OF J.B.J., J.M.J., and J.I.J., Children

No. 10-21-00049-CV

Court of Appeals of Texas, Waco.

Opinion delivered and filed June 29, 2022

Laura Beth Krasienko, Krasienko Law Firm PLLC, Waco, for Appellant.

E. Alan Bennett, Sheehy Lovelace & Mayfield PC, Waco, Jason M. Milam, Milam & Fanning PLLC, Waco, for Appellee.

Before Chief Justice Gray, Justice Johnson, and Justice Smith

TOM GRAY, Chief Justice

John appeals from a judgment that granted a modification of his divorce decree. See TEX. FAM. CODE ANN. § 156.101. The original decree designated John as the joint managing conservator with the right to establish the primary residence of the children, J.B.J., J.M.J., and J.I.J. The modification changed the designation and named Karen, John's ex-wife and the mother of the children, to be the joint managing conservator with the right to establish the primary residence of the children. John complains that the trial court abused its discretion by granting the modification because the evidence was legally insufficient for the trial court to have found that he voluntarily relinquished the primary care and possession of the children for at least six months or that the children's present environment may endanger the children's health or significantly impair their emotional development. See TEX. FAM. CODE ANN. § 156.102(b)(1) & (3). Because we find that John has failed to preserve his complaint for appellate review, we affirm the judgment of the trial court.

APPLICABLE LAW

Generally, to prevail on a petition to modify the terms of conservatorship, including a modification of which conservator will have the right to determine the children's primary residence, the party seeking modification must establish that (1) "the circumstances of the child[ren], a conservator, or other party affected by the order have materially and substantially changed" since the date of rendition of the prior order, and (2) modification is in the children's best interest. TEX. FAM. CODE ANN. § 156.101(a)(1).

However, § 156.102 provides if, within one year of the order to be modified, a...