In Re Herring

OPINION

Opinion by

ALMA L. LÓPEZ, Chief Justice.

In this mandamus proceeding, Earl M. Herring contends the trial court abused its discretion by modifying temporary custody of his five-year-old daughter A.M. without meeting the statutory requirements. We conditionally grant the writ.

Factual and PROCEDURAL Background

Herring and Imelda P. Barrientos were named joint managing conservators of A.M. in July 2002. Herring subsequently filed a modification suit, seeking the right to designate A.M.’s primary residence and to restrict Barrientos’s access to A.M. Under temporary orders entered in January…