Zeiler, Teri Lynn v. Zeiler, Todd & Kari

• Court: Court of Appeals of Texas
• Decided: May 30, 2013
• Docket: 05-11-01728-CV
• Status: Published

Opinion

Order entered May 30, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01728-CV

IN THE INTEREST OF S.N.Z., A CHILD

On Appeal from the 417th Judicial District Court Collin County, Texas Trial Court Cause No. 417-50064-06

ORDER Before Justices Lang-Miers, Murphy, and Fillmore

This is an appeal from an order in a suit to modify the parent-child relationship. The

record in this case shows that appellant, Teri Lyn Zeiler, timely requested the trial court to state

its specific reasons for any deviations from the standard possession order. See TEX. FAM. CODE

ANN. § 153.258 (West 2008). The order that is the subject of this appeal is dated February 20,

2012. The February 20 order deviates from a standard possession order, but the judge did not

state his specific reasons for the deviation. On appeal, appellant complains of the trial court’s

failure to state his reasons under family code section 153.258. We sustain her issue.

We ORDER the trial court to transmit, within THIRTY DAYS of the date of this order,

a supplemental record containing written findings of fact and conclusions of law that state the

specific reasons for the variance from the standard possession order. We ABATE the appeal to allow the trial court to comply with this order. The appeal

shall be reinstated at the earlier of THIRTY DAYS from the date of this order or when the

findings and conclusions are filed.

/s/ ELIZABETH LANG-MIERS PRESIDING JUSTICE