Appeal from the 246th District Court Harris County, Texas
Trial Court Case No. 2015-60445
consists of Chief Justice Radack and Justices Landau and
RADACK CHIEF JUSTICE
an appeal from the trial court's order modifying the
parent-child relationship, which removes appellant, Beatrice
Sandoval, and appellee, Daniel Martinez, as joint managing
conservators of their minor son, and makes Daniel the sole
managing conservator and Beatrice the possessory conservator.
In two issues on appeal, Beatrice contends that the trial
court erred in (1) finding that changed circumstances support
the modification and (2) entering a judgment that did not
take into consideration Beatrice's two other minor
children in setting child support and did not impose a
geographic limitation to Texas on Daniel's right to
designate the child's primary residence. We affirm in
part and reverse and remand in part.
and Daniel are parents of a child, DMJ,  who was two years
old at the time of trial. On February 24, 2016, while the
child was an infant, Beatrice and Daniel entered into an
"Agreed Order in Suit Affecting the Parent-Child
Relationship." Under this original agreed order, both
parents were appointed joint managing conservators, with
Beatrice having the exclusive right to designate the
child's primary residence, which was required to be
"in HARRIS or any contiguous county."
the relationship between the parents deteriorated, and
Beatrice was arrested and charged with assaulting
Daniel's new girlfriend, Katie, during an exchange of
possession in September 2016.
December 2016, Beatrice took the child to live with her
mother in California. Her other children were already there,
and she wanted to join them. She also claimed that she moved
because she was having trouble financially and that she was
frightened of Daniel.
March 10, 2017, Daniel filed an "Emergency Motion to
Modify Conservatorship and Possession or Access,"
alleging that Beatrice had "violated the present orders
of this court" and had prevented Daniel from
"seeing the child for the last four months."
Beatrice returned to Texas with the child sometime that same
month. Before the motion to modify went to trial, the trial
court signed temporary orders placing the child with Daniel.
motion to modify went to trial on March 26, 2018. At trial,
both parties testified and presented evidence about their
difficult relationship. Specifically, there was evidence
about Beatrice's assault against Daniel's now-wife,
Katie. There was also evidence of violence against Daniel,
Beatrice's older daughter, and injuries to Beatrice and
Daniel's two-year-old child while he was in
Beatrice's care. Daniel testified that since the child
was returned to his possession, the child also showed signs
of aggressive behavior. When Daniel took the child to the
doctor, the medical records note that the child was
aggressive with the medical professionals. Finally, both
Daniel and Beatrice testified about the almost four- month
period, during which Beatrice took the child and moved to
California to live with her mother.
close of the trial, the trial court stated:
I find there has been a change in circumstance. I find that
the respondent mother has committed family violence. I am
appointing the father as the sole managing conservator of the
child, the mother as the possessory conservator of the child.
He may determine the residence of the child within the State
The respondent has a modified standard possession order,
which would be all of the standard possession order without
Thursdays. Pickup and return will be at the petitioner's
residence unless the parties can agree otherwise.
Respondent is to pay child support based on a gross income of
$400 a week with the offset for her other children beginning
April 1st, 2018, by wage withholding. Petitioner is to
provide the health insurance for the child, and the parties
will both pay one-half of the uninsured medical support as