In re J.J.R.S. and L.J.R.S.

Summary

The Supreme Court of Texas held that a trial court may issue an "as agreed" visitation order placing a possessory conservator's access to children within the managing conservator's discretion when the restriction is necessary to protect the children's best interest. The Court concluded that the evidence supported the severe restriction imposed on Mother under Texas Family Code sections 153.006(c) and 153.193. The Court declined to reach Mother's constitutional challenges to Texas Family Code section 262.201(o), holding that those challenges were moot after entry of the final order.

Holdings

1. Texas Family Code sections 153.006(c) and 153.193, read together, permit a trial court to issue a nonspecific as-agreed visitation order that leaves access to the managing conservator's discretion when good cause exists for departing from the standard possession order and the severe restriction is necessary to protect the child's best interest.
2. The trial court did not abuse its discretion because legally sufficient evidence supported imposing a severe restriction on Mother's access as necessary to protect the children's best interest.
3. The court declined to reach Mother's facial and as-applied constitutional challenges to section 262.201(o) because entry of the final judgment rendered challenges to the prior temporary order moot.

Questions Presented

1. Whether Texas Family Code sections 153.006(c) and 153.193 permit a trial court, upon a finding of good cause and best interest, to issue an as-agreed visitation order leaving access to the managing conservator's discretion.
2. Whether legally sufficient evidence supported the severe restriction on Mother's possession and access.
3. Whether Mother's facial and as-applied constitutional challenges to Texas Family Code section 262.201(o) remained justiciable after entry of the final order.

Disposition

affirmed