In the Interest of T.D.C.

I respectfully disagree with the majority’s conclusion that the evidence was factually insufficient to show that appointing Stoney as primary managing conservator would be a positive improvement for T.D.C. While the majority correctly sets forth the standard of review for factual sufficiency challenges and acknowledges the abuse-of-discretion standard for review on appeal of modification orders, I do not believe the majority correctly applied the abuse-of-discretion standard.

Factual Sufficiency and Abuse of Discretion

When considering a factual sufficiency challenge, a court of appeals must…