dissenting.
I respectfully dissent.
I disagree with the majority’s ruling on appellant’s point of error three. The undisputed evidence in this case convinces me that the sixteen-year-old boy in this case resided voluntarily with his father for one year with appellee’s tacit approval. She took no action to force the return of the child to her as managing conservator. The facts of this case trigger the application of TEX.FAM.CODE ANN. sec. 14.09(e) (Vernon Supp.1984) and permit the father to reduce the ordered child support as he did.
It is not necessary, under sec. 14.09(e) to have a formal or written agreement of relinquishment by the managing conservator. Actions or conduct of the managing conservator can, depending on the circumstances, constitute voluntary relinquishment. It would be manifestly unfair and unjust in this case to require the father to pay the full amount of court ordered support when the record shows unequivocally that for a year the child in this case lived with him without any protest or disapproval, written or otherwise, from appellee.
The judgment is against the great weight and preponderance of the evidence and is manifestly wrong and unjust. I would reverse the judgment for $600.00 back child support and $250.00 attorney’s fee.
JOE SPURLOCK, II and GRAY, JJ., join.