Martin v. Martin

HIGHTOWER, Justice.

This suit affecting the parent-child relationship involves the question of a right to a jury trial on the tests for the modification of child access rights under section 14.-08(c)(3)(B) of the Texas Family Code. We hold that because a motion to modify child access rights is a “suit affecting the parent-child relationship” under § 11.01(5) of the Family Code, the parties have a right to a jury trial under § 11.13(a). However, because the jury findings are not binding under § 11.13(b) it is not reversible error for the trial court to refuse to empanel a jury in such cases.

Lorr…