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IN RE V.L.K.

No. 99-0843.

24 S.W.3d 338 (2000)

In the Interest of V.L.K.

Supreme Court of Texas.

Decided June 22, 2000.

Rehearing Overruled August 24, 2000.

Attorney(s) appearing for the Case

John A. Clark, Toby R. Goodman, Goodman & Clark, Arlington, for petitioner.

John D. Nation, Dallas, Richard C. Price, Fort Worth, for respondent.

JAMES A. BAKER, Justice.

This is a child custody case. The issue here is whether the parental presumption, codified in Family Code section 153.131— that it is in the best interest of a child to be with a natural parent unless the appointment would impair the child's physical health or emotional development—applies in a custody modification suit under Family Code section 156.101. We hold that the parental presumption applies only

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