In Re Lee

411 S.W.3d 445, 447-467 (2013)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Stephanie Lee (D) and Benjamin Redus (P) are the parents and joint managing conservators of their minor daughter. P petitioned the court to modify that order, alleging that the circumstances had materially and substantially changed because D had relinquished primary care and possession of the child to him for at least six months. P sought the exclusive right to determine the child's primary residence and requested modification of the terms and conditions of P's access to and possession of the child, alleging that D's 'poor parenting decisions' had placed the child in danger. P requested that visitation be supervised. P also sought an order enjoining D from allowing the child within twenty miles of D's husband, Scott Lee, a registered sex offender. The parties attended mediation and agreed to modifying the original order. The MSA gives P the exclusive right to establish the child's primary residence, and it gives D periodic access to and possession of the child. It also stated that Scott would not be within 5 miles of the child and provided a means to monitor his whereabouts during visitations. P appeared before court and testified to the judge that Scott had violated his conditions of probation and slept naked in the bed with P’s daughter between Scott and D. The judge refused to enter the judgment on the MSA. The judge held a hearing to determine if the MSA was in the child’s best interests. D denied that she let Scott be alone with the child but had allowed him to stay in the same home. The court determined the MSA was not in the best interests of the child and set the case for trial. D petitioned the court of appeals for a writ of mandamus ordering the trial court to enter judgment on the MSA.