context: Although B.H.M. styled his pleadings as an original petition, and we have determined he has standing to file an original petition pursuant to section 102.003(a)(9), which governs standing in original suits, this does not determine the nature of the suit.
citation_a.signal: see also
citation_a.identifier: 603 S.W.2d 829, 833
citation_a.parenthetical: holding that courts look to substance of plea for relief to determine nature of pleading, not merely title of pleading
citation_a.sentence: See, e.g., In re C.A.M.M., 243 S.W.3d at 217 (describing action to modify custody order after managing conservator’s death as suit to modify); P.D.M., 117 S.W.3d at 456 (holding provisions of Chapter 156 of Texas Family Code governing modifications clearly apply to suits that attempt to effect change in custody after entry of initial custody order); see also State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex.1980) (holding that courts look to substance of plea for relief to determine nature of pleading, not merely title of pleading). First, it is undisputed there was a prior custody determination under the 2002 divorce decree.
citation_b.signal: see
citation_b.identifier: 117 S.W.3d 456, 456
citation_b.parenthetical: holding provisions of Chapter 156 of Texas Family Code governing modifications clearly apply to suits that attempt to effect change in custody after entry of initial custody order
citation_b.sentence: See, e.g., In re C.A.M.M., 243 S.W.3d at 217 (describing action to modify custody order after managing conservator’s death as suit to modify); P.D.M., 117 S.W.3d at 456 (holding provisions of Chapter 156 of Texas Family Code governing modifications clearly apply to suits that attempt to effect change in custody after entry of initial custody order); see also State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex.1980) (holding that courts look to substance of plea for relief to determine nature of pleading, not merely title of pleading). First, it is undisputed there was a prior custody determination under the 2002 divorce decree.