When a parent seeks modification of Texas custody order, he or she must a substantial and material change in circumstances since the previous order. Generally, the change must be material to the modification the parent is requesting. A mother recently appealed a custody order modification allowing the father to have unsupervised visits, arguing he had not shown a material and substantial change in circumstances.
The mother filed a Suit Affecting Parent Child Relationship (SAPCR) asking the court to limit the father’s access to their daughter after he received a DWI in 2012. Her affidavit detailed a number of events related to the father’s intoxication during the marriage. She asked to be named sole managing conservator. She also asked that the father be allowed only supervised visitation and that he be prohibited from drinking for 12 hours before and during the visitation.
The father was from Canada and had returned there. He did not contest the suit and a default judgment was entered. It named the mother sole managing conservator and limited the father to supervised visitation.