Virginia Bonita Watts v. Richard George Watts

This appeal by Virginia Watts is from an order granting Richard Watts motion to change custody of their two children from the mother to the father. The trial court granted the mother visitation rights with the children on alternative weekends provided, however, that she (1) marry the man with whom she had been living or severing her relationship with him, and (2) take the children to Sunday school and to a church of her choice when she had them. The principal question is whether there was sufficient evidence to support the trial courts finding of a material and substantial change of circumstances between the prior order granting the divorce and the order changing custody with respect to the mother and the children as pleaded by Mr. Watts. We hold that the evidence is insufficient to support a finding of a material change of circumstances. Accordingly, we reverse and remand. Additionally, we hold that the condition precedent to visitation requiring the mother to take the children to church is a violation of Art. I, ? 6 of the Texas Constitution.