dissenting.
The panel finds itself on the horns of a dilemma. On one side is that portion of TEX.FAM.CODE ANN. § 14.08(c) (Vernon Supp.1984) quoted in the majority opinion, setting out the very narrow circumstances under which a trial court may change the managing conservator of a child. I commend the majority’s efforts to follow this very laudible legislative mandate. A change of custody disrupts a child’s home life and personal relationships. It should therefore be ordered only when the court is convinced that it would be a positive improvement for the child. Taylor v. Meek, 154 Tex. 305, 310, 276 S.W.2d 787, 790 (1955).
On the other side is the equally clear directive that the trial court’s judgment in determining the best interest of a child in awarding its custody in accordance with such determination should be reversed only when it appears from the record as a whole that the trial court has abused its discretion. Herrera v. Herrera, 409 S.W.2d 395, 396 (Tex.1966). We likewise agree with the • majority that the findings of a trial court are binding on an appellate court in a child custody case unless they are so contrary to the great weight and preponderance of the evidence as to indicate a clear abuse of discretion. Tye v. Tye, 532 S.W.2d 124,127 (Tex.Civ.App.—Corpus Christi 1975, no writ).
The majority sets out the evidence of change offered by the father and found in the record. There is authority, correctly cited by the majority, that the single fact of denial of visitation rights is not a material nor substantial change. Armstrong v. Armstrong, 601 S.W.2d 724 (Tex.Civ.App.—Beaumont 1980, writ ref’d n.r.e.). There is also authority cited that the remarriage of the father, moving into his own residence and expecting a new child is by itself not a material nor substantial change. Files v. Thomasson, 578 S.W.2d 883 (Tex. Civ.App.—Houston [14th Dist.] 1979, no writ). But that case holds that the same evidence would bear on the question of the best interest of the child, which is the primary consideration of the court in such cases. Files, supra, at 885; TEX.FAM. CODE ANN. § 14.07(a) (Vernon 1975). To this I would add that the deprivation of the care and attention of a father would also have a crucial bearing on the best interest of the child. Both items of evidence relate to the issues of the child’s welfare and whether or not a change would be an improvement. § 14.08(c), supra.
This case will hereafter be the only Texas holding that the denial of paternal visitations, plus the creation by the father of a family constellation in a new residence, plus a significant maturation of the child are not only insufficient evidence of change, but if they convinced a district judge that the best interest of a four-year old child really warranted a change, it would amount to a clearly abusive discretionary finding.
The judge believed that it would be better for the child to live in a home with a father, step-mother, and younger sibling, have the benefit of a father’s love and attention as well as generous visitation from the natural mother to add her wholesome influence. The alternative of living with an unemployed single mother and an elderly grandmother, while a father’s influence was consistently denied, was a situa*89tion that >the trial judge felt was injurious to the welfare of the child. I support the wise decision of the trial judge to try to give the child the benefit of love and attention from both parents in the most suitable home environment available.
Since the evidence does support his findings and conclusions, I feel we are bound to affirm the order of the trial judge.
I respectfully dissent.