Texas Divorce Attorney Blog
In a recent Fourth Court of Appeals case, In the Interest of S.I.S.F., the court reviewed a final judgment regarding a geographic residence restriction in a conservatorship case. The trial court imposed a restriction limiting the child’s primary residence to Bexar County and contiguous counties. The mother appealed that restriction, claiming that a child’s domicile should follow that of the custodial parent. The appeals court affirmed, concluding the restriction was consistent with the Texas Family Code regarding the child’s best interests.
The case illustrates the narrow role appellate courts play in Texas family law cases. A party may appeal a final order in a Texas family law case, including conservatorship and possession orders, as in other civil cases. Tex. Fam. Code § 109.002.
Standard of Review in Texas Family Law Appeals
Appeals do not permit a second evaluation of the child’s best interest, but instead test whether the trial court exercised its discretion within the bounds of governing law and precedent. In geographic residency disputes, like conservatorship and possession determinations, the abuse-of-discretion standard governs appellate review, also called the wide discretion standard. Under this standard, reversal is warranted only if the trial court acted arbitrarily or without reference to guiding legal principles.
Appeals are often a strong procedural option in family law cases when the error alleged is legal rather than factual. Because appellate courts defer to credibility determinations and fact-finding, appeals are most successful when the record shows misapplication of statutory standards, improper burden shifting, or incorrect characterization of rights under the Family Code. McKnight v. McKnight, 543 S.W.2d 863, 866 (Tex. 1976).
Appeals also serve an important corrective function by ensuring consistent interpretation of family law statutes across trial courts. In re C.J.C., 603 S.W.3d 804, 806 (Tex. 2020).
Trial Court Discretion
In S.I.S.F., the court emphasized that geographic residency restrictions fall within the trial court’s broad discretion when supported by evidence related to the child’s best interest. While the Texas Family Code does not expressly mandate geographic restrictions, a sole managing conservator otherwise has the exclusive right to designate the child’s primary residence absent a limiting order. Tex. Fam. Code § 153.132(1).
Best interest remains the controlling consideration in conservatorship determinations. Tex. Fam. Code § 153.001. Texas public policy favors frequent and continuing contact with parents who act in the child’s best interest while promoting stability and shared parental responsibility. Appellate courts evaluate whether the trial court’s order reflects these statutory principles and aligns with relocation and residency guidance.
Connect with a Dallas Family Law Attorney
The outcome of family law cases can often seem unfair, but it’s more challenging to understand if an unfair outcome constitutes an unjust outcome under Texas law. If you are interested in appealing the outcome of your case, you need to contact a qualified Dallas family law attorney immediately. The attorneys at McClure Law Group are experienced in litigating appeals cases. Set up a consultation with McClure Law Group at (214) 692-8200.