modification of custody

The 2nd Court of Appeals in Fort Worth issued a very important opinion today in a big win for O’Neil Wysocki’s appellate team on Michelle O’Neil and Karri Bertrand. The underlying order awarded Father the exclusive right to determine the children’s primary residence without regard to geographic restriction and gave each parent the independent right to make educational decisions. Mother filed to modify the orders and sought temporary orders in the modification suit. The trial court left the primary designation with Father but ordered the children to be enrolled in the Mother’s school district. In the intial hearing, the trial court made no finding of significant impairment, but later entered such finding.

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Child-in-Danger-SignWhen filing a modification suit regarding children and seeking temporary orders to change the designation of the person who has the exclusive right to designate the primary residence of the child, a new law requires that an affidavit be filed with the initial pleading setting out the grounds for the request. This law went into