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Joint Managing Conservators and Educational Decisions

In the Interest of C.C.J. and C.M.J. was a Dallas case where mom and dad were divorced in April 2005.  They were each appointed joint managing conservators and each given the right to make educational decisions subject to the agreement of the other party.  Dad was ordered to pay $1,025/month in child support.  In February 2006, the dad filed a Motion to Modify seeking the exclusive right to make educational decisions.

The mother countered with a Motion to Modify seeking exclusive rights with regard to educational decisions, and sought an increase in child support as well as attorneys fees.

After trial, the court awarded the right to make educational decisions exclusively to mom, increased Dad's child support by $121/month and awarded mom $5,000 in attorneys fees.  The dad appealed and challenged the sufficiency of the evidence. The Court of Appeals found that there was no evidence of living expenses for the mom and kids at the time of divorce, reversed and rendered modification denied.  The attorney fee issues was remanded back to the trial court and left the educational decision with the mom.

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