The Texas Court of Appeals recently ruled in a child custody case involving Amber Gene Ward and Wayne Michael Fox, Jr. The court found that the trial court had abused its discretion by issuing temporary orders that changed the conservatorship of their child, A.G.F. This decision is significant as it impacts the rights of parents in custody disputes and sets a precedent regarding the evidence required for such changes.
In this case, Amber Gene Ward and Wayne Michael Fox, Jr. are the parents of A.G.F. Their marriage was dissolved in October 2022, with the trial court appointing Ward as the sole managing conservator and Fox as the possessory conservator. Fox was granted visitation rights and required to pay child support. After the divorce, Fox moved to Ohio while Ward and A.G.F. remained in Texas. In March 2026, Fox visited A.G.F. for the first time in over three years. Following this visit, he filed a petition to modify the parent-child relationship, seeking to be named the sole managing conservator.
Fox's petition included allegations of child neglect against Ward, claiming that her parenting decisions were harmful to A.G.F.'s health and development. He requested temporary orders that would change the primary residence of A.G.F. and limit Ward's access to her. The trial court responded by issuing a temporary restraining order that prohibited Ward from seeing A.G.F. until a hearing could be held.
A hearing on the temporary orders took place on May 11, 2026. During this hearing, Fox raised concerns about A.G.F.'s hygiene, eating habits, and living conditions. He testified that A.G.F. had body odor, a blackhead on her nose, and a cavity. He also mentioned that she weighed 97 pounds at five years old and described Ward's home as being in a poor state, filled with trash. However, Fox acknowledged that he had not seen the home where Ward and A.G.F. were currently living.
Ward testified that she and A.G.F. had moved from the house Fox described to an apartment in November 2025. A neighbor also testified about the living conditions, stating that Ward had moved into the apartment in March 2026. The neighbor mentioned an incident involving a child from a neighboring apartment, which Ward claimed was misrepresented. Ward also stated that Child Protective Services (CPS) had investigated the allegations and ruled them out.
After the hearing, the trial court issued temporary orders that appointed Fox as a temporary joint managing conservator and gave him the exclusive right to designate A.G.F.'s primary residence. Ward was granted supervised visitation and ordered to pay child support. In response, Ward filed a petition for writ of mandamus, arguing that the trial court had abused its discretion by making these changes without sufficient evidence.
The Texas Court of Appeals reviewed the case and found that the trial court had indeed abused its discretion. The court noted that the temporary orders did not contain any express finding that A.G.F.'s current circumstances would significantly impair her physical health or emotional development, which is a requirement under Texas Family Code § 156.006(b)(1). The court stated, "the evidence presented at the hearing does not rise to the level that could support the order under section 156.006(b)(1)."
The court emphasized that the standard for changing conservatorship is high and requires clear evidence of significant impairment to the child's health or development. The court found that the concerns raised by Fox, while serious, did not meet this standard. The court concluded that the trial court lacked the discretion to change the designation of the primary residence based on the evidence presented.
As a result, the Texas Court of Appeals conditionally granted Ward's petition for writ of mandamus. The court directed the trial court to vacate its temporary orders from May 11, 2026. The court expressed confidence that the trial court would comply with this directive.
This ruling has significant implications for parents involved in custody disputes. It reinforces the requirement that substantial evidence must be presented to support any changes in conservatorship or custody arrangements. The decision highlights the importance of protecting the rights of parents and ensuring that any modifications to custody are made in the best interest of the child, based on clear and compelling evidence.
Looking ahead, it is unclear whether Fox will appeal this decision. The court's ruling sets a precedent for future cases where parents seek to modify custody arrangements based on allegations of neglect or other concerns. The case underscores the importance of thorough investigations and evidence in custody disputes, ensuring that the welfare of the child is always prioritized.