Brenda Lewelling, Petitioner v. Carl and Melba Lewelling, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for the trial court to appoint the natural mother, Brenda Lewelling, as managing conservator because the record contained no evidence that her custody would significantly impair the child's physical health or emotional development. The Court applied the amended §14.01(b) standard, requiring a nonparent to affirmatively prove such impairment. The decision was accompanied by a concurrence affirming the majority's reasoning and a dissent arguing that the trial court's judgment should be upheld. Justice Gonzalez, dissenting, would have affirmed the appellate judgment.