Mobley v. Mobley

OPINION

FENDER, Chief Justice.

Cheryl Aline Mobley, appellant, appeals from an order dismissing her motion to modify custody for failure to state a cause of action under TEX.FAM.CODE ANN. sec. 14.08(d) and (e) (Vernon Supp.1985).

We reverse and remand.

Appellant and John Arnold Mobley, ap-pellee, were divorced in August, 1983. Under the terms of the divorce decree, custody of the two minor children of the marriage was split. Managing conservatorship of the eight-year-old son was awarded to appellee (father). Managing conservator-ship of the three-year-old daughter was awarded to appellant…