[Download] "Lenz V. Lenz" by Texas Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Lenz V. Lenz
- Author : Texas Supreme Court
- Release Date : January 06, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Today we decide issues of first impression under the Family Code concerning a primary custodial parent's right to modify a joint managing conservatorship to remove a residency restriction when that parent desires to relocate. Rosemarie (Romy) Lenz sued to modify the joint managing conservatorship she shared with her ex-husband, Rudolph (Rudi) Lenz, in order to relocate to Germany with their two sons. Contrary to a jury's verdict in favor of the modification, the trial court entered an order restricting the boys' residence to Bexar County, Texas, and further ordered each party responsible for its own attorney's fees and costs. The court of appeals affirmed. 40 S.W.3d 111. The precise issues presented for our review are: (1) whether Romy produced legally sufficient evidence to support the jury's verdict; and (2) if she did, whether Texas Family Code § 105.002 permits a trial court to impose a geographic restriction on a child's primary residence contrary to that verdict. We conclude that legally sufficient evidence supports the jury's verdict in favor of the requested modification, and that under Family Code § 105.002, the trial court could not contravene the jury's verdict giving Romy the exclusive right to establish her sons' primary residence by imposing a geographical restriction on their primary residence. For these reasons, we reverse the court of appeals' judgment and render judgment modifying the joint managing conservatorship to give Romy the exclusive right to determine her sons' primary residence. We remand the issue of attorney's fees to the trial court for further proceedings consistent with this opinion.