IN THE
TENTH COURT OF APPEALS
No. 10-11-00233-CV
IN THE INTEREST OF
A.L.H., G.F.H., AND B.J.H., CHILDREN,
From the 220th District Court
Hamilton County, Texas
Trial Court No. FM10909
MEMORANDUM OPINION
Billy Joe Hollingsworth, III appeals from the trial court’s Order in Suit to Modify
the Parent-Child Relationship. We affirm.
Background Facts
Billy Joe Hollingsworth, III and Sharon Lee Hollingsworth were divorced in
2010. They were named joint managing conservators of their three children, A.L.H.,
G.F.H., and B.J.H. Billy Joe was named the conservator with the right to establish the
primary residence of G.F.H. and B.J.H. within Hamilton County, Texas, and Sharon was
named the conservator with the right to establish the primary residence of A.L.H.
within Hamilton County.
In the Interest of A.L.H., G.F.H., and B.J.H., Children Page 1
On January 24, 2011, Billy Joe filed a petition to modify the parent-child
relationship seeking to have the geographic restriction removed so that he could move
G.F.H. and B.J.H. out of the State of Texas. The trial court granted the motion and
modified the decree to remove the restriction on the domicile of G.F.H. and B.J.H. The
Order provided that Sharon would have visitation based upon the “over 100 miles”
provisions of the divorce decree beginning in the summer of 2011.
Argument
In his sole issue, Billy Joe complains that the trial court abused its discretion in
requiring him to violate the truancy laws of the State of Colorado to comply with the
visitation schedule. We review a trial court's decision in a case concerning a
modification of conservatorship under an abuse of discretion standard. Gillespie v.
Gillespie, 644 S.W.2d 449, 451 (Tex. 1982). A trial court abuses its discretion if it acts
arbitrarily or without reference to guiding principles. Downer v. Aquamarine Operators,
Inc., 701 S.W.2d 238, 241-42 (Tex. 1985).
In his petition to modify, Billy Joe asked the trial court to remove the restriction
requiring him to live in Hamilton County. The trial court granted the petition to
modify and removed the restriction. The original divorce decree contained a provision
for visitation if the parents resided more than 100 miles apart. The petition to modify
did not seek to modify that provision. The record does not show that any evidence
was presented to the trial court that the visitation schedule violated the truancy laws of
the State of Colorado. Billy Joe has not shown that the trial court abused its discretion
in granting the petition to modify. We overrule the sole issue on appeal.
In the Interest of A.L.H., G.F.H., and B.J.H., Children Page 2
Conclusion
We affirm the trial court’s judgment.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed May 23, 2012
[CV06]
In the Interest of A.L.H., G.F.H., and B.J.H., Children Page 3