Wallace v. Fitch

PEDEN, Justice.

Mrs. Rita Wallace appeals from an order designating her former husband as managing conservator of their child after a jury trial. Mr. Fitch, the child’s father, initiated this proceeding by filing a motion pursuant to Sec. 14.08, Texas Family Code.

The father alleged in his motion that because of a substantial and material change of circumstances since the last order appointing a managing conservator, the best interest of the child would be served by the requested change, stating that the mother had so neglected and permitted mistreatment of the child as to damage his health and…