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.