change in circumstances requirement (Texas) · Go Syfert
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change in circumstances requirement in Texas

13 Texas opinions name it 1 courts 2016–2024 5 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Smith v. Karanjagreen
texapp · 2018 · cited in 9 Texas opinions naming this issue, 2019–2024
2 sentences

2024“The change-in-circumstances requirement is a threshold issue for the trial court and is based on a policy of preventing constant re-litigation with respect to children.” Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.—Houston [1st Dist.] 2018, no pet.); see also In re A.L.E., 279 2 Sherard became engaged to her current husband in January 2020, before the divorce decree was signed on January 30, 2020.

2023“The change-in-circumstances requirement is a threshold issue for the trial court and is based on a policy of preventing constant re-litigation with respect to children.” Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.—Houston [1st Dist.] 2018, no pet.).

99
In Re ALEgreen
texapp · 2009 · cited in 6 Texas opinions naming this issue, 2018–2024
2 sentences

2020“The change-in-circumstances requirement is a threshold issue for the trial court and is based on a policy of preventing constant re-litigation with respect to children.” Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.—Houston [1st Dist.] 2018, no pet.); In re A.L.E., 279 S.W.3d 424, 428 (Tex. App.—Houston [14th Dist.] 2009, no pet.) (“In an effort to ensure stability and continuity for children, Texas law has imposed ‘significant hurdles’ before a conservatorship order may be modified.”).

2019“The change-in-circumstances requirement is a threshold issue for the trial court and is based on a policy of preventing constant re-litigation with respect to children.” Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.— Houston [1st Dist.] 2018, no pet.); see In re A.L.E., 279 S.W.3d 424, 428 (Tex. App.—Houston [14th Dist.] 2009, no pet.) (“In an effort to ensure stability and continuity for children, Texas law has imposed ‘significant hurdles’ before a conservatorship order may be modified.”).

66
Zeifman v. Michelsgreen
texapp · 2006 · cited in 4 Texas opinions naming this issue, 2016–2019
2 sentences

2019Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.—Houston [1st Dist.] 2018, no pet.); see also In re A.L.E., 279 S.W.3d 424, 428 (Tex. App.—Houston [14th Dist.] 2009, no pet.); Zeifman, 212 S.W.3d at 595 (“The requirement of this showing serves a valid purpose of significantly limiting the trial [court’s] discretion and prevents the modification statute from being unconstitutionally broad.” (internal quotations omitted)).

2018See In re A.L.E. , 279 S.W.3d 424 , 428 (Tex. App.-Houston [14th Dist.] 2009, no pet.) ("As a threshold determination, then, the moving party must show a material and substantial change in circumstances; otherwise, the petition must be denied."); Zeifman v. Michels , 212 S.W.3d 582 , 595 (Tex. App.-Austin 2006, pet. denied) ("The requirement of this showing 'serves a valid purpose of significantly limiting the trial judge's discretion and prevents the modification statute from being unconstitutionally broad.' ").

14
In the Interest of T.M.P. and J.C.P., Childrengreen
texapp · 2013 · cited in 1 Texas opinions naming this issue, 2019–2019
1 sentence

2019Material and substantial change “In a modification suit, the threshold inquiry is whether the moving party has met the burden of demonstrating a material and substantial change.” In re T.M.P., 417 S.W.3d 557, 563 (Tex. App.—El Paso 2013, no pet.); see Smith v. Karanja, 546 S.W.3d 734, 738 (Tex. App.—Houston [1st Dist.] 2018, no pet.) (“The change-in- circumstances requirement is a threshold issue for the trial court and is based on a policy of preventing constant re-litigation with respect to children.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Statutes the citing opinions construe

TX § Tex. Fam. Code § 156.101 (10) TX § Tex. Fam. Code § 109.002 (3) TX § Tex. Fam. Code § 156.001 (3) TX § Tex. Fam. Code § 156.007 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 25 (1996–2023) NY 16 (1958–2024) OR 15 (1988–2021) TX 13 (2016–2024) UT 11 (1989–2025) AK 9 (1983–2022) LA 6 (1982–2006) NJ 5 (1995–2026) IL 5 (1985–2022) NV 5 (2018–2018) WA 4 (2013–2021) FL 4 (1999–2013) NC 3 (1998–2025) CT 3 (1981–2018) SD 3 (1992–1995) IA 2 (2014–2017) MI 2 (1978–1991) MD 2 (1991–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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