GUTHRIE v. RAY

No. 19258.

556 S.W.2d 589 (1977)

George Leopold GUTHRIE, Appellant, v. Valerie Mae (Guthrie) RAY, Appellee.

Court of Civil Appeals of Texas, Dallas.

September 15, 1977.


Attorney(s) appearing for the Case

Herbert H. Landau, Dallas, for appellant.

Grier H. Raggio, Raggio & Raggio, Inc., Dallas, for appellee.


GUITTARD, Chief Justice.

This suit was brought by the father of a five-year-old boy to modify a pre-1974 divorce decree awarding custody to the mother. At the close of the father's evidence, the court granted the mother's motion for judgment denying the modification. We hold that this ruling was error because the court did not recognize and decide the fact issue of material and substantial change in the circumstances of the child. Such an issue, we hold, was raised...

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