Martin v. Martin, 16474
| Decision Date | 24 April 1975 |
| Docket Number | No. 16474,16474 |
| Parties | Allie B. MARTIN, Sr., Appellant, v. Carole MARTIN, Appellee. (1st Dist.) |
| Court | Texas Court of Appeals |
Smith, Schulman, Rawitscher & Wettman, Bruce W. Wettman, Houston, for appellant.
On November 20, 1974 the Court of Domestic Relations No. 3 of Harris County, Texas, held appellant, Allie B. Martin, Sr., to be in contempt of a prior order of the court by reason or Martin's failure to return his son, Allie B. Martin, Jr., to the custody of Martin's former wife, Carole Martin Yarborough, upon expiration of the period of visitation specified in the order. The court ordered Martin confined for a period of thirty days but specified that he might purge himself of the contempt by paying costs and attorney's fees as decreed by the court, and provided that he did not cause the child to be removed from Harris County within two years from the date of the order except upon order of the court. The contempt order also provided that Martin's visitation privileges were suspended until June 1, 1975, and designated the details of the visitation privileges he would have upon their reinstatement. The order further provided for Martin to commence making child support payments in accordance with earlier orders of the court and stated that 'any act or omission' by Martin within two years from the date of the entry of the order contrary to its terms would cause writ of commitment to issue without further application.
In Martin v. Martin, 519 S.W.2d 900 (Tex.Civ.App.1975), we held that this court had jurisdiction to review the contempt order insofar as it is purported to modify or reform previous orders of the court as to the custody of the child, and directed that the order be suspended pursuant to Section 11.19, Texas Family Code, V.T .C.A., pending further order of this court, insofar as its provisions with respect to child custody and visitation privileges constituted a modification or reformation of orders previously entered by the court as to such matters.
Section 14.08 of the Texas Family Code sets forth the procedure by which a party affected by court order establishing the terms and conditions for access to the child may petition the court for modification of that order. The section provides that such petition must alleged that the circumstances of the child have materially changed since the entry of the original order and that the facts supporting these allegations must be sworn...
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