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In re A.M.R.

Court of Appeals of Texas, Eighth District, El Paso

February 28, 2017

IN THE INTEREST OF A.M.R., A MINOR CHILD,

         Appeal from the 383rd Judicial District Court of El Paso County, Texas (TC# 2015DCM1174)

          Before McClure, C.J., Rodriguez, and Hughes, JJ.

          OPINION

          YVONNE T. RODRIGUEZ, JUSTICE.

         In this appeal, the issue is whether the trial court could issue a judgment nunc pro tunc and, if so, whether the trial court corrected a clerical or judicial error. The trial court granted a motion for judgment nunc pro tunc which removed the language that lifted the geographical restriction of the child if the non-custodial parent resides outside El Paso County, Texas. We affirm.

         BACKGROUND

         Juan Rivas and Ashley S. Buntyn were appointed joint managing conservators of their child, A.M.R. Appellant, Buntyn, was designated as the conservator with the exclusive right to designate the primary residence of A.M.R. and could determine A.M.R.'s primary residence without regard to geographic location. Buntyn informed Rivas, Appellee, of her plans to relocate A.M.R. from El Paso County, Texas to Virginia. Rivas then filed a petition to modify the parent-child relationship. The petition requested that the trial court geographically restrict A.M.R.'s residence to El Paso County, Texas.

         The final hearing on the modification was held on January 27, 2016. The trial court orally pronounced judgment to be:

It is the policy of the State of Texas that children maintain a continuing contact with the parents and to allow that child to move to Virginia would destroy that contact. So the motion is granted. There will be a geographic restriction to El Paso County.
Taking the kid to Virginia will not be the same as the child being in El Paso.

         On March 2, 2016, the trial court entered a written, signed order which, in part, stated:

IT IS ORDERED that the primary residence of the child shall be El Paso County, Texas, and the parties shall not remove the child from El Paso County, Texas for the purpose of changing the primary residence of the child until modified by further order of the court of continuing jurisdiction or by written agreement signed by the parties and filed with this court.
IT IS FURTHER ORDERED that this geographic restriction on the residence of child shall be lifted if Juan Rivas does not reside in El Paso County, Texas.

         On April 5, 2016, Rivas filed a motion for judgment nunc pro tunc requesting that the trial court remove certain language in the written order. The motion stated that the judgment was incorrect because:

The order states that the geographical restriction on the residence of the child shall be lifted if Juan Rivas does not reside in El Paso County, Texas. Juan Rivas has always lived in Sunland Park, New Mexico, therefore the order should read that the geographical restriction on the resident of the child shall be ...

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