IN THE
TENTH COURT OF APPEALS
No. 10-10-00418-CV
IN THE INTEREST OF A.M.C., A CHILD
From the 52nd District Court
Coryell County, Texas
Trial Court No. CD-02-34444
MEMORANDUM OPINION
Stephen C. appeals from the denial of a motion to modify custody of his minor
daughter, A.M.C. TEX. FAM. CODE ANN. §§ 156.001, et. seq. (West 2010). Tina Marie C.
a/k/a Tina Marie C. was named the sole managing conservator in the parties’ divorce
in 2003. Stephen was appointed a possessory conservator and given supervised
visitation only at Tina’s sole discretion. Stephen complains that the trial court erred
“concerning Texas Statute Section 156.101(a)(2);” “concerning Texas Statute Section
153.001;” “concerning Texas Statute Section 153.002;” by “failing in its duties … by
allowing Tina … to continually be allowed to place her daughter, A.M.C., in potential
danger regarding the internet;” “regarding 18 U.S.C. 1513;” “regarding child support;”
and “regarding Tina … violating Minor, A.M.C.’s … 1st Amendment Rights – Freedom
of Religion.” We affirm.
Failure to Request Reporter’s Record
This Court was notified by the official court reporter that a reporter’s record had
not been requested. We notified Stephen that his appeal would be submitted on the
clerk’s record alone if he did not request and make arrangements to pay for the
reporter’s record. TEX. R. APP. P. 37.3(c). Stephen notified this Court that he did not
wish to request the reporter’s record, at which time we advised the parties that the
appeal would be submitted on the clerk’s record only. Because there is no reporter’s
record, we are limited to considering only his issues that do not require a reporter’s
record for a decision. TEX. R. APP. P. 37.3(c).
Issues on Appeal
Each of Stephen’s issues in this appeal as briefed include extensive arguments
and details regarding the testimony given at the final hearing on the motion to modify
conservatorship that he had filed. His issues as set forth in his brief relate to the trial
court’s failure to grant his motion to modify, not ruling in the best interest of the child,
denial of contact with the child, putting the child in danger due to actions on the
internet, failure to modify child support, and denial of letting A.M.C. attend religious
services, all of which require a reporter’s record for us to properly assess.
Stephen’s failure to provide a complete record prevents us from granting him
any relief. When no findings of fact and conclusions of law are filed, we must presume
the trial court made all the necessary findings to support its judgment. Roberson v.
In the Interest of A.M.C. Page 2
Robinson, 768 S.W.2d 280, 281 (Tex. 1989). When no reporter’s record is filed, we must
assume the missing evidence supports the trial court’s ruling. Bryant v. United Shortline
Inc. Assurance Servs., 972 S.W.2d 26, 31 (Tex. 1998). These presumptions compel a
finding that the trial court’s decision was correct. We overrule issues one through
seven.
Conclusion
We affirm the judgment of the trial court.
TOM GRAY
Chief Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Affirmed
Opinion delivered and filed March 30, 2011
[CV06]
In the Interest of A.M.C. Page 3