Jeremy Michael Cain v. Jade Raquel Lemoine-Cain
CourtTexas Court of Appeals, 9th District (Beaumont)
Date FiledOctober 1, 2026
Docket09-24-00337-CV
StatusPublished
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Full Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-24-00337-CV
________________
JEREMY MICHAEL CAIN, Appellant
V.
JADE RAQUEL LEMOINE-CAIN, Appellee
________________________________________________________________________
On Appeal from the 88th District Court
Hardin County, Texas
Trial Cause No. 63797
________________________________________________________________________
MEMORANDUM OPINION
Jeremy Michael Cain appeals from a final decree of divorce. In two issues,
Jeremy challenges the portion of the divorce decree that appointed Jade Raquel
Lemoine-Cain the exclusive right to designate the primary residence of the children
within Smith County, Texas, and contiguous counties upon her acceptance into a
nurse practitioner program. Jeremy challenges the factual sufficiency of the evidence
supporting the geographical restriction and argues it is not in the best interest of the
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children under the Lenz and Holley factors. We affirm the trial court’s judgment for
the reasons discussed below.
Background
On December 13, 2022, Jade filed her Original Petition for Divorce. In the
petition, Jade stated that she and Jeremy were married on or about July 18, 2015,
and separated on or about December 5, 2022. Jade stated that she and Jeremy had
one child. Jade later filed a First Amended Petition for Divorce and a Second
Amended Petition for Divorce. The amended petitions include an additional child
born after the couple was separated. In January 2023, Jeremy filed his Original
Counterpetition for Divorce along with his Original Answer. In August 2023,
Jeremy filed an Amended Counterpetition for Divorce.
On June 17, 2024, a bench trial was held to determine geographic restrictions
for the two children, as well as a credit for the sale of a beach house, which is not at
issue on appeal. The parties stipulated that an agreement was reached regarding all
other details of the divorce and property division. Regarding the children, Jade and
Jeremy agreed that both would be named as the children’s joint managing
conservators, Jade would have the exclusive right to designate the primary residency
of the children, Jeremy would pay child support under the guidelines, and both
would pay fifty percent of unreimbursed healthcare expenses.
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At trial, only Jade and Jeremy testified. Jade testified that she and Jeremy had
two male children, one seven and the other almost a year old. She testified that she
wanted the trial court to determine whether she could move with the children so that
she could obtain her nurse practitioner degree and be closer to supportive family.
Jade explained that she had two clinical semesters left to complete her nurse
practitioner degree, although she is not currently in the program because she was
taking a break from school due to the divorce. She testified that at that time she could
not afford it, learned she was pregnant, and could not get a provider to complete her
clinicals. She stated that it would be easier to locate a provider that would allow her
to do clinicals in Smith County because she had connections through her brother-in-
law, who is chief of surgery at a hospital in Tyler, and her sister, who is a nurse
practitioner.
Jade testified that her entire family is in Smith County, and Jeremy’s family
is close to that area, as well. She stated that Jeremy visits the area frequently
especially during hunting season and holidays. Jade did not believe that living in
Smith County would remove the children from Jeremy because he could continue to
see them as scheduled in the standard possession order. According to Jade, she
would meet Jeremy at a halfway point on Friday for their older son and then meet
them on Sunday for Jeremy to spend time with the younger son. She proposed the
standard possession order for the older son and a phase-in schedule for the younger
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son that incrementally increased Jeremy’s possession. In the proposed schedule for
the younger son, Jade suggested that Jeremy have possession of him on Sundays
from noon to 6 p.m. until the age of twelve months, then increasing from 10 a.m. to
6 p.m. for the next six months and increasing to include time on Saturdays the next
six months. The last phase, during the age of thirty months to three years old, the
youngest son would be with Jeremy from 8 a.m. on Saturday to Sunday at 6 p.m.
Jade stated that Jeremy had only spent two hours alone with their youngest son on
two occasions for a total of four hours in one year. Jeremy had not asked to see the
youngest son alone, and according to Jade, seemed content to visit him in her
presence every Thursday for two hours. Jade testified that she is still breastfeeding
the youngest son.
Jade testified that Jeremy had standard possession of their oldest son on the
first, third and fifth weekend and for two hours on Thursdays. She explained that she
asked Jeremy for help to pick up their oldest son once when she was pregnant, and
though he agreed, he was going to the beach around the time he needed to pick their
son up, and she did not believe he had any intention of getting him. She stated that
Jeremy had not offered to help her with the children. She testified that because
Jeremy is not often helpful with the children, it would be beneficial to move to Smith
County and have family help her.
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Jade stated that she believed it to be in the children’s best interest to move and
that she would make sure that Jeremy was in the children’s lives.
Jade explained that she makes $1,000 every other week at her part-time job
right now, and once she gets a nurse practitioner degree, the average salary range
exceeds $100,000.
On cross-examination, Jade testified that for the past six years, they have only
lived in Hardin County and when the temporary orders were entered that gave
Jeremy standard custody possession, Jeremy was living at the beach. Jade
acknowledged that despite living at the beach, Jeremy exercised his visitation and
attended their older son’s baseball and basketball games. She stated that although
Jeremy missed two or three basketball games, he attended their oldest son’s martial
arts testing. Jade recalled that Jeremy attended school events but was late for one
martial arts testing and to a field day at the school.
Jade stated that she works twenty hours a week at home, which allows her to
attend the activities. She disagreed that Jeremy could not work elsewhere but
testified they never chose to live in Smith County, where they were both from. She
stated that it would be in the best interest of the children that they live 150 miles
away from Jeremy and that the distance would not affect his ability to see the
children. She testified that she understood that Jeremy proposed that when their
youngest son turned one, he would visit on the same schedule as the older son. Under
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her proposal, the youngest son would get thirty-two hours per month with Jeremy
throughout 2024. Jade acknowledged that under her proposal, Jeremy would only
spend eight hours with the youngest son on Christmas until the age of three, instead
of the standard eight to ten days. Under Jade’s proposal, Jeremy would never have
their youngest son on Thanksgiving Day.
Jade testified that she is enrolled in UT Arlington’s online nurse practitioner
program, and she did one clinical in Beaumont, but getting more clinicals would be
difficult. She reiterated that she believed it would be in the children’s best interest
to live as far as 175 miles away.
According to Jade, she would not deny Jeremy access to the children and
believed that Jeremy needed a phase-in schedule for the youngest son since he had
only seen him twice for two hours without her. She asked the court for a transition
possession order for the youngest son and a standard possession order for the older
son. She stated that by the age of three, she expected the youngest son to be on the
standard possession order.
Jeremy testified that he lived in Sour Lake, Texas, in a home that his parents
bought, and he planned to remain in that home after the divorce is final. Jeremy
explained that he planned to purchase the home from his parents with proceeds from
the sale of the beach house. He stated that there is no reason he could not do an
expanded standard possession order. Jeremy acknowledged that he will be paying
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maximum child support and paying for health insurance. He explained that he had
to work locally to keep his job, and he worked Monday through Thursday, ten hours
each day. He stated that he could exercise Thursday overnight visitation and take the
children to school and/or daycare Friday morning.
As for the older son, Jeremy was getting him Thursday through Sunday in the
summer. He testified that Jade’s proposal would only allow him to spend six hours
every Sunday with the younger son and does not promote a continued and close
relationship between him and the boys.
According to Jeremy, he made all the older son’s baseball practices except for
those on Fridays during the time he lived in Crystal Beach; he assisted with coaching
at every game and pitched at several games. If the children moved to Tyler, he would
be unable to participate as much with sports or school activities.
Jeremy stated that he currently has the standard possession order with his older
son but needed more time with him. He explained that he has a nephew the same
age, and the boys get together and play often. He testified that Jade’s proposed order
regarding their youngest son does not allow them to bond, and he can care for the
baby, including changing diapers and feeding him. He stated that because Jade was
breastfeeding the baby, he had limited time with him, but once he is no longer
breastfeeding, he would like more time.
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Jeremy testified that he does not believe it is in the children’s best interest that
they be allowed to live in Smith County. He noted that he wanted to see both boys
as much as possible.
According to Jeremy, he is from Carthage, and his parents still live there. He
stated that he went there once to hunt and probably visited five- or six-times last year
including holidays. He enjoyed time there with their older son and hopes to do the
same with the younger son when he is older. He agreed that even though he has a
standard possession order with the older son, Jade has an open-door policy and is
good at co-parenting. Jeremy recognized that he will not have that luxury if Jade
moves to Tyler.
Jeremy acknowledged that he took the younger son twice for two-hour
intervals each but had not asked for more time since Jade breastfeeds and does not
have a breast pump. He stated that he did not attend Friday baseball practices even
though he was off on Fridays because “they just messed around at the park[.]” Friday
practices did not interfere with his social life, but gas was a factor since he was in
Crystal Beach. Jeremy testified that he successfully changed diapers three or four
times, though the first time he put the diaper on backwards.
When the trial judge questioned Jeremy, Jeremy explained that he worked at
ExxonMobil as a site manager for a mechanical integrity contractor that maintained
and inspected equipment and piping, and he receives an annual salary of “150” and
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gets one bonus annually. After proving the necessary facts for the divorce and
closing arguments, the trial judge granted the divorce and stated that the
geographical restrictions would be Hardin and Smith Counties upon Jade’s
acceptance into a nurse practitioner program. The trial judge approved Jade’s
proposed custody agreement regarding the younger son as long as that child is still
breastfeeding until the age of eighteen months, at which time the standard possession
order will be imposed for both children. The Final Divorce Decree stated that Jade,
as a parent joint managing conservator, had the following right and duty:
1. the exclusive right to designate the primary residence of the
children within Hardin County, Texas and contiguous counties and,
conditioned upon Jade[]’s acceptance into a nursing practitioner
program, Smith County, Texas, and contiguous counties[.]
The trial court made Findings of Fact and Conclusions of Law. The following
findings were made as to the geographic restriction:
18. At the time of the divorce, [Jade] and [Jeremy] were the parents of
the [two male children at issue].
19. Jade . . . and Jeremy . . . , are appointed joint managing conservators
of the children.
20. Jade . . . has the right to designate the primary residence of the
children.
21. [Jade] ha[s] two semesters, or 180 hours, of clinical experience
from two different providers to complete in order to obtain her nurse
practitioner’s degree.
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22. [Jade] has considerable contacts to obtain clinical experience within
the medical field in Smith County, and did not have as many
contacts to obtain clinical experience in the Hardin County area.
23. [Jade]’s brother-in-law is Chief of Surgery at Christus Health in
Smith County.
24. [Jade]’s sister is a practicing Nurse Practitioner in Smith County.
25. [Jade] had good faith to believe she could obtain clinical experience
in Smith County, while obtaining such experience in the Hardin
County area would be difficult.
26. [Jade]’s family of origin as well as her extended family resided in
Smith County.
27. [Jade]’s children would have many cousins close to their age in
Smith County.
28. [Jade]’s family would assist her in care and support of the children.
29. [Jeremy] has family close to that area, including his Mother, Father,
and all of his extended family, minus two siblings.
30. [Jade] and [Jeremy] are both from the Smith County area and met
in high school in that area.
31. [Jeremy] goes to the Smith County area frequently, in order to visit
family, and also goes to that area to hunt frequently.
32. The older child, [], has been to the Smith County area multiple
times.
33. [Jeremy] had been exercising a standard possession order, 1st 3rd
and 5th weekends, Friday at 6:00 p.m. to Sunday at 6 p.m., with no
overnights on Thursdays, during the pendency of the divorce.
34. [Jade] earns a salary of around $30,000 at the time of the final
hearing. [Jade]’s salary would increase significantly if she could
complete her nurse practitioner degree.
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35. [Jeremy] resided in Galveston County, Texas during the pendency
of the divorce, until one month prior to the final hearing, wherein he
moved to Hardin County, Texas.
36. [Jade] provided evidence of her acceptance into a Nurse
Practitioner’s program by filing such acceptance with the court on
July 1, 2024.
The following conclusions of Law were made regarding geographic
restrictions and possession:
9. The court may order a geographic restriction that promotes the
child’s stability, continuity and meaningful access to both parents.
10. The Court may order a geographic restriction that facilitates
frequent and continuing contact between the child and the parents.
11. The Court may order a geographic restriction that serves the best
interest of the child.
12. The geographic restriction of Hardin County and contiguous
counties and Smith County and contiguous counties is in the best
interest of the child.
13. The best interest of the child is the primary consideration of the
Court in determining the issues of conservatorship and possession
of and access to the child (Tex. Fam. Code Sect. 153.002)
14.The Court, in rendering an order for possession of a child under three
years of age, was guided by the best interest of the child, taking into
consideration:
a. The care giving provided to the child before and during the
current suit;
b. The effect on the child that may result from separation from
either party;
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c. The availability of the parties as care givers and willingness of
the parties to personally care for the child;
d. The physical, medical, emotional, economic, and social
conditions of the parties;
e. The impact and influence of individuals, other than the parties,
who will be present during periods of possession;
f. The presence of siblings during periods of possession;
g. The child’s need for continuity of routine;
h. The location and proximity of the residence of the parties;
i. The need for a possession schedule that incrementally shifts to a
standard possession order with age, or the need for a schedule
that shifts in that manner in another way; and
j. Any other evidence of the best interest of the child. (Tex. Fam.
Code Sect. 153.254).
This appeal followed.
On appeal, Jeremy challenges the Final Divorce Decree and argues that the
record is factually insufficient to support the finding that the geographic restriction
inclusion of Smith County and contiguous counties was in the best interests of the
children under the Lenz factors and the Holley factors.
Standard of Review
We review complaints about a trial court’s conservatorship order in an appeal
for abuse of discretion. In re J.A.J., 243 S.W.3d 611, 616 (Tex. 2007) (discussing in
the context of a parental rights termination case); Gillespie v. Gillespie, 644 S.W.2d
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449, 451 (Tex. 1982) (discussing standard of review in context of a divorce
proceeding). A trial court abuses its discretion when its decision is arbitrary,
unreasonable, and without reference to any guiding rules or principles. Quixtar, Inc.
v. Signature Mgmt. Team, LLC, 315 S.W.3d 28, 31 (Tex. 2010); see also Gillespie,
644 S.W.2d at 451. “Under the abuse of discretion standard, legal and factual
sufficiency of the evidence are not independent grounds for asserting error [] but are
relevant in assessing whether the trial court abused its discretion.” In re J.D.D., 242
S.W.3d 916, 920 (Tex. App.—Dallas 2008, pet. denied) (citations omitted); see also
In re A.D.H., 979 S.W.2d 445, 446 (Tex. App.—Beaumont 1998, no pet.)
(discussing the standard of review in context of custody modification proceeding).
The best interest of the child shall always be the primary consideration of the
court in determining issues of conservatorship and possession of and access to the
child. Tex. Fam. Code Ann. § 153.002; Lenz v. Lenz, 79 S.W.3d 10, 14 (Tex. 2002)
(citation omitted). Trial courts have broad discretion to determine what is in a child’s
best interest. Coleman v. Coleman, 109 S.W.3d 108, 110 (Tex. App.—Austin 2003,
no pet.). Similarly, trial courts have broad discretion in determining whether to
specify a geographic limitation on a child’s primary residence. In re K.L.W., 301
S.W.3d 423, 428 (Tex. App.—Dallas 2009, no pet.). “In an appeal from a bench
trial, findings of fact are the equivalent of jury answers to special issues.” Id. (citing
Lindsey v. Lindsey, 965 S.W.2d 589, 591 (Tex. App.—El Paso 1998, no pet.). “The
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unchallenged findings of fact are binding on this Court unless the contrary is
established as a matter of law or there is no evidence to support the finding.” See In
re K.L.W., 301 S.W.3d at 428 (citation omitted).
Analysis
In his first issue, Jeremy argues that the trial court’s findings are insufficient
because Jade’s reason for moving, securing clinical hours, would be similarly
difficult in Smith County compared to Hardin County. He asserts that Jade did not
struggle to secure clinical hours in Hardin County and progressed academically
without any medical connections such as she has in Smith County. Jeremy contends
that the record is factually insufficient to demonstrate that Jade would not reap the
same economic benefit in Hardin County as Smith County and that Jeremy
frequently travelled to the Smith County area to hunt or visit family. He argues that
the move would negatively affect his relationship with the children by hindering
visitation and communication, would not improve Jade’s financial status, and would
negatively affect the older son’s relationship with his family and friends in Hardin
County.
In the Lenz case, the Texas Supreme Court explained the following factors
were relevant considerations: reasons for and against the move; the effect the move
would have on extended family relationships; its effect on visitation and
communication with the non-custodial parent to maintain a full and continuous
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relationship with the child; the possibility of a visitation schedule allowing the
continuation of a meaningful relationship between the non-custodial parent and
child; and the nature of the child’s age, community ties, and health and education
needs. See Lenz, 79 S.W.3d at 15-17. Although Lenz was a modification proceeding,
the factors equally apply to this original suit involving the conservatorship in which
the proposed custodial parent has proposed an intended relocation destination. See
Morgan v. Morgan, 254 S.W.3d 485, 488 (Tex. App.—Beaumont 2008, no pet.)
(“While Lenz was a modification proceeding and not an original proceeding, we find
the factors applicable here as well.”).
Because conservatorship determinations are intensely fact driven, the trial
courts generally have wide latitude in determining what is in a child’s best interest.
Gillespie, 644 S.W.2d at 451. Here, the trial court entered findings of fact and
conclusions of law in support of its order. As stated above, the trial court found that
Jade believed she could easily obtain clinical experience in Smith County compared
to Hardin County, Jade’s salary would significantly increase upon completion of her
nurse practitioner’s degree, both Jade and Jeremy are from the Smith County area
and have family in or near the area, Jeremy frequents the area to visit family and
hunt, Jeremy resided in Galveston County until one month before the final hearing
and had been exercising a standard possession order, and the older son had been to
Smith County multiple times. The trial court also concluded that permitting Jade to
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move to Smith County and contiguous counties is in the children’s best interests.
The trial court states in its findings and conclusions that it considered and balanced
many factors including the care provided to the children, the effect of separation, the
availability of the care givers and the need for routine, when determining the best
interest of the children regarding conservatorship and possession.
The trial court, as the fact finder in this case, is the sole judge of the credibility
of the witnesses and weight to be given their testimony. See City of Keller v. Wilson,
168 S.W.3d 802, 819 (Tex. 2005). “This Court cannot substitute its conclusions for
those of the trial court if there is sufficient competent evidence of probative force to
support the trial court’s findings.” See In re K.L.W., 301 S.W.3d at 428 (citing
Lindsey, 965 S.W.2d at 591).
The record supports the trial court’s findings. Both Jade and Jeremy testified
at trial. Jade testified that she is from Smith County, Jeremy is from the area, and
both have family that still reside there. Jeremy indicated the same in his testimony.
Jade added that Jeremy frequented the area during hunting season though Jeremy
indicated that in the past year, he only hunted there once and visited five- or six-
times including holidays. Jade testified that family connections in the medical field
would assist her in obtaining clinical experience though she acknowledged she had
already completed two clinicals in Hardin County. She stated that clinical experience
is required to complete her nurse practitioner’s degree and that obtaining the degree
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would significantly increase her salary. Jade also testified that Jeremy had been
exercising the standard possession of the older son with no Thursday overnight
visits. Jeremy acknowledged the visitation schedule and stated that now that he was
living in Hardin County, he could exercise the Thursday overnight visitation.
After reviewing the record, we conclude the trial court had sufficient evidence
upon which to exercise its discretion and, based on the evidence on all relevant
circumstances at the time of the bench trial, did not abuse its discretion in including
Smith County and contiguous counties as a geographical restriction.
We overrule issue one.
Next, Jeremy argues that the inclusion of Smith County and contiguous
counties is not in the children’s best interest under Holley. According to Jeremy, his
relationship with his children is integral to their emotional needs and he had concrete
plans to support the children in Hardin County. He asserts that these factors weigh
against inclusion of Smith County and contiguous counties and that Jade failed to
communicate to him that spending time with the younger son at Jade’s home was
unhelpful and therefore should be excused.
Generally, trial courts consider general factors relevant to the best interest of
a child, such as (1) the child’s desires, (2) the child’s current and future physical and
emotional needs, (3) any physical or emotional danger to the child in the present or
future, (4) the parental abilities of the individuals involved, (5) the programs
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available to those individuals to promote the child’s best interest, (6) the plans for
the child by these individuals, (7) the stability of the home, (8) acts or omissions by
a parent tending to show that the existing parent-child relationship is not a proper
one, and (9) any excuse for the acts or omissions of the parent. Holley v. Adams, 544
S.W.2d 367, 371-72 (Tex. 1976).
Again, the record establishes that the trial court considered the applicable
Holley factors and the record supports the trial court’s conclusions of law. Jade’s
testimony regarding completion of her nurse practitioner’s degree, family assistance
in the area, and Jeremy’s work and visitation schedule demonstrates that the trial
court heard evidence to consider the stability of the home, the plans for the children,
and the acts and omissions of the parents. See id. The record reflected that Jade’s
educational needs would be met, she would have the support of her family, and that
Jeremy would continue with the standard possession that he was currently
exercising. The trial court also heard evidence that upon completing her nurse
practitioner’s degree, Jade’s salary would increase significantly further promoting a
stable home and her ability to provide for the children’s physical needs. Based on
this evidence, we cannot say that the trial court abused its discretion in determining
that the inclusion of Smith County and contiguous counties was in the best interests
of the children.
We overrule issue two.
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Conclusion
Having considered and overruled Jeremy’s arguments and issues, we affirm
the trial court’s judgment.
AFFIRMED.
W. SCOTT GOLEMON
Chief Justice
Submitted on June 4, 2026
Opinion Delivered October 1, 2026
Before Golemon, C.J., Johnson and Chambers, JJ.
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