In the Interest of C.R., a Child v. the State of Texas

Summary

The Second Court of Appeals of Texas affirmed an order modifying conservatorship and child support in a suit involving a minor child. The court held that the trial court did not abuse its discretion in granting Father the exclusive right to designate the child’s primary residence and ordering Mother to pay child support based on minimum-wage income. The court also rejected or found waived Mother’s procedural complaints concerning the missing in-chambers interview records, jury trial, and findings of fact and conclusions of law.

Holdings

1. The trial court did not abuse its discretion by designating Father as the conservator with the exclusive right to determine the child's primary residence.
2. The trial court did not abuse its discretion by terminating Father's child-support obligation, ordering Mother to pay support, and setting Mother's support at $228 per month based on minimum wage.
3. The absence of reporter's records of the child's two in-chambers interviews did not require reversal because the records were not necessary for appellate review and Mother did not establish a preserved basis for relief.
4. Mother waived any right to a jury trial by failing to object when the case proceeded as a bench trial, even assuming her jury request was timely.
5. The trial court did not err by failing to make findings of fact and conclusions of law because Mother's request after the final order was untimely, and her earlier request related to a temporary order rather than the later final judgment.
6. Any complaint concerning the September 10, 2024 temporary order was moot after the trial court entered the May 5, 2025 final order.

Questions Presented

1. Whether the trial court abused its discretion by modifying conservatorship, possession, and access to give Father the exclusive right to designate the child's primary residence.
2. Whether the trial court abused its discretion by modifying child support and ordering Mother to pay $228 per month based on minimum wage.
3. Whether the absence of reporter's records for the in-chambers interviews required reversal.
4. Whether the trial court improperly modified Mother's summer visitation.
5. Whether Mother waived her right to a jury trial by failing to object before proceeding with the bench trial.
6. Whether the trial court erred by failing to make findings of fact and conclusions of law.
7. Whether complaints concerning the temporary order were moot after entry of the final order.

Disposition

affirmed