Appellate Case No. 02-18-00400-CV, In the Interest of A.S. and C.S, Children (2nd Dist. Ft. Worth, 2019) Memo. Op.
Appellate Case No. 02-18-00400-CV, In the Interest of A.S. and C.S., Children (2nd District, Ft. Worth, 2019) Memo. Op.
This case involved an appeal from Father from the Trial Court's decision to grant Mother's Motion for Summary Judgment. Ms. Parker represented Mother at the trial level and on appeal. This case started because Father filed a modification of the Divorce Decree seeking primary custody of the younger son. The parties had been operating from a Divorce Decree that gave Father primary custody of the parties' oldest son and Mother primary custody of the parties' youngest son. The Divorce Decree did not order either party to pay child support.
When Father filed a modification to ask for primary custody of the youngest son. Mother filed a countersuit seeking child support for the younger son. After sufficient discovery period had passed, Mother filed a motion for summary judgment, contending that Father had failed to allege significant changes in circumstances to warrant a modification of the prior order. Mother asked the Trial Court to dismiss Father's suit. The Trial Court agreed, granted Mother's motion for summary judgment, dismissed Father's lawsuit. The Trial Court also ordered the parties to a final trial just on Mother's issue of child support. Father appealed the Trial Court's summary judgment. Ms. Parker, on behalf of mother, argued that the summary judgment by the Trial Court is not final. The Court of Appeals agreed and dismissed Father's appeal for want of jurisdiction.
This appellate case came from the 158th Judicial District Court under Cause No. 2013-20522-158. While Father was appealing the Trial Court's summary judgment and dismissal of his case, Mother's lawsuit for past and current child support went to final trial. At final trial, the trial court granted Mother's request for past and current child support.
Practice area(s): Appeals, Child Support, Child Custody, Family