Opinion

Zeifman v. Michels

  • 212 S.W.3d 582
  • 2006 WL 2190525
Court
Texas Court of Appeals, 3rd District (Austin)
Filed
Aug 30, 2006
Status
Published
Author
Pemberton
On the bench
Law, Patterson, Pemberton
Cited by
348 cases

explaining that conservatorship decisions are within discretion of trial court and will not be disturbed unless “clear abuse of discretion” is shown and describing abuse of discretion standard of review

How later courts described this case

  • explaining that conservatorship decisions are within discretion of trial court and will not be disturbed unless “clear abuse of discretion” is shown and describing abuse of discretion standard of review
  • explaining that threshold inquiry in conservatorship modification action is whether there has been material and substantial change in circumstances since date of rendition of order
  • explaining that conservatorship determinations “are subject to review only for 7 abuse of discretion”
  • stating that “abuse of discretion does not occur as long as some evidence of a substantive and probative character exists to support the trial court’s decision”

Written by the judges who cited it.

The opinion

BOB PEMBERTON, Justice,

concurring.

I concur in the judgment only. I cannot agree with the majority that, on this record, there is legally insufficient evidence of material and substantial change in circumstances of the child. However, the record, and our scope of review in the absence of the fact findings Zeifman requested, compel me to conclude that the district court abused its discretion in modifying the decree to give Michels sole power to make A.A.’s educational decisions.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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