3. Hoffman v. Hoffman (Austin – Nov. 2003).
Parents divorced in Williamson County in 1999 and were granted JMC of 2 KIDS.
MOM – exclusive right to determine primary residence, but restricted to Wmson, Travis,
and contig counties until July of 2002, unless parties agreed otherwise in writing or DAD
moved away from Wmson County.
MOM notified DAD in Jan 2002 she planned to move to PA with KIDS. MOM
and DAD met & married in PA, and families of each still in PA.
DAD filed a M/Modify requesting a domicile restriction.
T/Ct ruled best interest of kids to move to PA with MOM and such relocation was
not a mat/subst change/circ because MOM had told DAD for a long time that
such was her intention, and move was contemplated at time of agreement.
Factors Which the Court Found Supported Findings:
Ct/Appeals held following factors supported T/Ct’s decision best interest of KIDS
to move to PA with MOM and no mat/subst change in circumstances to warrant
modification:
1. Happiness of custodial parent - Court stated best interest of KIDS
determined by quality of life for both KIDS and parent, considering
custodial parent’s happiness as factor of KIDS’ best interest. In PA,
grandmother could provide daily care for KIDS while MOM finished
college, which would ultimately give MOM more job opportunities.
2. Education and employment opportunities for MOM.
3. KIDS could strengthen rela’p w/ maternal grandmother.
In determining KIDS best interests, these opportunities outweighed fact that move
would reduce DAD’s time from 153 days/yr to only 53 days/yr, that KIDS would
be forced to travel, and MOM had not worked since divorce and had nearly
depleted all money she received from large divorce settlement.
4. Knopp v. Knopp (May 2003)
MOM appointed SMC on divorce. MOM moved KIDS w/ her to Calif in 2000,
and 1 mo later filed M/Modify requesting DAD to have supervised possession in
California.
DAD filed a counter-petition, and T/Ct gave him SMC.
Houston C/App affirmed, citing several cases in their determination of
best interest of children and of material/substantial change of
circumstance.
Factors Which the Court Found Supported the Findings:
Ct/App found sufficient evidence to support T/Ct’s finding that MOM’s move
constituted mat/subst change in circumstances and that appointing DAD SMC
was in best interest of KIDS.
1. Significant distance of move- Court said that although relocation does not, as a
matter of law, constitute a mat/subst change in circ, it is hard to imagine how a