There is an old mantra that states that opposites attract.  As Divorce lawyers know opposites can also create conflict.  A lot of relationships fall apart due to this conflict which can also lead to family violence. In my experience men and woman are more likely to be attracted to a pursue relationships with others that are more like them.

What I mean by this statement is that generally people choose to be in relationships with those people they share a religious, political, or other characteristics. Generally, people are of similar intelligence. In this sense people tend to complement each other and grow in their relationship. I think people tend to focus on certain aspects of their personality when they evaluate the similarities they share with their partner. I believe this gives people the false impression that they are opposite personality wise to their partner. To a certain degree I believe this can associated with differences between men and women.

There are similar traits in men and woman that may repel them from one another. This becomes obvious when I deal with family violence cases, protective orders, and some child custody cases. The similarities between parties can cause tension that leads to conflict. Sometimes people dislike qualities about themselves. When they see this quality in their wife or husband they get angry. Sometimes this anger grows with time leads to fights, threats, violence, and divorce.

When tension and anger enter into a relationship it is more difficult for mother and father, husband and wife to support one another both publicly and privately. It is fairly reasonable that the anger is a result of not fully comprehending their partner’s perspective.

I don’t think the mother and father, or husband and wife are that complicated. I do believe that the relationship between these parties sometimes gets to that point do to conflict and discord that destroys the relationship between the parties.

I think the key issue that makes a “relationship” complicated is communication. Once the conflict, anger, and fighting occur people are unable to communicate effectively. To analyze this situation deeper, we can look to the barrier that conflict can create. Lack of information is the barrier. We all know or at least think we know what is on our mind, or what our perspective of a particular situation.  However, we don’t know the other person’s perspective, what they are thinking, and what they are holding back.

We all tend to be confident in our own perceptive meaning that we associate a high degree of credibility to our own perspective and we see confirmation from others to affirm our core beliefs and opinions. This can create the misconception of perfection. A person can then deduce that the other person’s perception is somehow imperfect, flawed, or even completely misguided and crazy.

This “complex relationship” has developed from a husband and wife, or father and mother that are not in and of themselves complicated. This situation can lead to a bad relationship where people that really desire a healthy relationship end up in a downward spiral of horrible decisions that lead to the break up of their marriage, relationship, or even to violence and protective orders. 

For a consultation with an experienced protective order lawyer please call 512-335-5245. We are located at 1000 heritage center circle, Round Rock, Texas 78664. 

Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

No Fault Divorce - Texas

In Texas a divorce may be granted for no reason other than the marriage relationship has become insupportable for the reason that there is discord or conflict, that it destroys the legitimate ends of the marriage, and there is no reasonable expectation of reconciliation.  In fact, most divorces are filed and prosecuted as no fault divorces.  The following is an excerpt of case law illustrating the manner the courts have interpreted this provision of the Texas Family Code.

In Cusack, the court stated: "[w]e concluded that it was the intent of the Legislature to make a decree of divorce mandatory when a party to the marriage alleges insupportability and the conditions of the statute are met, regardless of who is at fault." Cusack, 491 S.W.2d at 717 (emphasis added). This statement supports the conclusion that a petitioner's allegation of insupportabilty is not enough, they must also establish the other conditions of the statute are met, i.e., that there is discord or conflict, that it destroys the legitimate ends of the marriage, and that there is no reasonable expectation of reconciliation. The court also noted, "[t]he courts have no right or prerogative to add to or take from such a legislative enactment, or to construe it in such a way as to make it meaningless." Id. To remove any doubt as to the factual nature of those elements, the court concluded: "[a]s we view the [Family] Code, when insupportability is relied on as a ground for divorce by the complaining spouse, if that ground is established by the evidence, a divorce must be granted." Id. (emphasis added). See also Baxla v. Baxla, 522 S.W.2d 736, 739 (Tex.Civ.App.--Dallas 1975, no writ).

 Even assuming, arguendo, that the trial court's statement that there is "no defense" to a petition for divorce on the ground of insupportability were a correct statement of the law, that would not relieve the petitioner of his duty to establish the statutory elements with adequate evidence. Any attempt to determine those factual issues without giving Teresa an opportunity to respond would violate due process. See Federal Sign v. Texas Southern University, 951 S.W.2d 401, 410 (Tex.1997). If Donald sought to avoid the burdens of trial, our rules provide for summary judgment motions. See Tex.R. Civ. P. 166a. His petition and affidavit cannot be deemed to be a motion for summary judgment. While the adoption of "no-fault" divorce dispenses with any burden to establish the source of the conflict rendering the marriage insupportable, it does not relieve the petitioner of the burden to establish the existence of the statutory elements.

The no fault divorce is one ground for divorce. If you are seeking a divorce that awards you a disproportionate share of the community estate than you may want to consider filing a fault based divorce. A fault based divorce is one of several fairness factors the court may consider when deciding whether to award a disproportionate share of the community estate. Clifford Swayze represents people in Williamson County as well as Round Rock, Cedar Park, Leander, and Georgetown for Divorce, Child Custody, and Property division issues.

Experienced Divorce Lawyer Clifford Swayze

The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

Mandatory transfers in child custody cases 

Round Rock Child Custody Lawyer

Clifford Swayze

1000 Heritage Center Circle

Round Rock, Texas 78664

In a child custody modification or enforcement action the new lawsuit must be filed in the court with continuing, exclusive, jurisdiction. There are procedures for transferring these lawsuits to another county when filing a new lawsuit. The State of Texas recognizes that having the court near where the child resides is important. There are many reasons to have the case heard by the court in the county where the child resides including, but not limited to the following: the children’s teachers, counselors, doctors, and all other witnesses to the child’s physical health and emotional development will typically be located within that county. A child custody case deals with numerous issues and facts that make it easier to deal with the case in the county where the child resides. One scenario that may come up is the child has expressed a preference to reside with one parent versus the other. For instance, if the child lives in Round Rock, Texas, and attends school at Round Rock high school and is needed in court to talk to the judge in chambers. If the court is located 100 miles away the child is going to miss one or more days of school. If the court with jurisdiction is 15 or 20 minutes from his school then he may miss only a class or two. When the child has resided in a particular county for 6 months or longer then the State of Texas provides that transfer from a court with continuing, exclusive jurisdiction is mandatory.

The transfer from one county to another is mandatory so long as the motion to transfer is timely filed. This issue can create some confusion when person that does not normally handle family law cases deals with a case. A motion to transfer is timely filed if filed at the time of the other filing or if you are responding to the lawsuit at the time allowed for answering the lawsuit. The Texas Family code controls when dealing with motions to transfer and other venue challenges in child custody cases. There is no due order of pleadings. The overriding principle when dealing with child custody cases is what is in the best interest of the child. The courts are not hyper technical and the rules should be liberally construed in child custody cases. That being said, if you do not file the challenge to venue timely you will waive the mandatory transfer. The documents have to be filed at the time of filing the lawsuit, or if the party is responding to the lawsuit then by the time they are required to answer the lawsuit.

If you are dealing with a modification or enforcement action relating to a child custody case you should consult with an attorney. These cases are incredibly complicated and having an experienced child custody lawyer is important. If you have any questions call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

Client's Choice - Divorce Lawyer

Lawyer Clifford Swayze | Lawyer Family

In 2014 I was awarded the clients choice award by AVVO. Divorce, child custody, and family law in general are very difficult and trying times for people to deal with. I am proud to have been able to accept this award from my clients. Family law is a traumatic time for parents, as well as children. It is my goal to reach a settlement that is best for you and your family. My hope is that I may continue to try and help people resolve their disputes in the best possible way for their families. Since, moving my law practice to Round Rock I have experienced an amazing outpouring of support from the community. I look forward to serving the people of Williamson County. Thank you! Clifford Swayze - Round Rock Divorce Attorney.

Child Support Enforcement- Williamson County Texas

Child Support Enforcement             

If a court in Williamson County enters a child support order it retains jurisdiction to render a contempt order for failure to comply with the child support order if a motion to enforce that child support order is filed prior to the 2^nd anniversary of when the child has become an adult or the child support obligation has ended by the court’s order or by operation of law.

However, the court will retain jurisdiction to deal with other matters for 10 years. For instance, the court will be able to confirm the amount of child support arrearages and render a cumulative money judgment for the past due child support until the 10^th Anniversary of the child becoming an adult or the child support obligation is otherwise terminated.

What happens if a parent’s child support obligation ends when the child turns 18, but the parent is required to pay on arrearages for child support until the child reaches the age of 20? In this situation the parent is still obligated to pay child support until the child reaches the age of 20 years old, but the trial court’s jurisdiction to enforce this obligation by contempt is not extended. If the court was allowed to retain jurisdiction under these circumstances, the court could retain jurisdiction for an indefinite period of time.

In Texas parties can agree that child support will end at any specific time. This does not mean that the court will approve of and enforce a child support order that ends prior to the child turning 18. Specifically, the Texas Family code specifies that absent an agreement by the parties the obligation to pay child support will continue until the child turns 18, or graduates from high school. However, the court can end the child support obligation if the minor child becomes emancipated or gets married. 

An agreement to shorten or lengthen the child support obligation will affect the timelines discussed above to enforce the child support obligation or to obtain a cumulative money judgement. If you are dealing with a child support case you should discuss the facts of your case with an experienced family or childsupport lawyer. Clifford Alan Swayze’s office is located in Round Rock, Texas at 1000 Heritage Center Circle, Round Rock, Texas 78664.

To speak with Clifford Alan Swayze at his Round Rock Law Office please give him a call at 512-335-5245.

CliffordAlan Swayze represents parties for child support matters in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

modification of a child custody order - Round Rock Texas

Modification of the parent child relationship

As a round rock lawyer frequently I am confronted with different issues that deal with children from broken households. Modifications of child custody orders have become a little more complex this year because of some changes in the law that began September 1, 2015. The issue that has been changed by the Texas Legislature is temporary orders following the filling of a modification of a child custody determination.

The Texas Legislature changed the law by adding the requirement that an affidavit has to be submitted setting for the grounds for modification during temporary orders. Presumably, the requirement of the affidavit was because the burden is so high to change who has the right to determine the primary residence of the child on temporary orders.

Another interesting topic is weather a party can be defaulted on a modification case for failure to answer. In Considine v. Considine the court noted that "before provisions relating to conservatorship, possession, and support in prior orders may be modified, the court must conduct a hearing." The Texas Court is saying that failure to answer a lawsuit in a modification does not mean the allegations in the petition to modify the parent child relationship are automatically true. In order to modify the prior order the movant must prove up the required allegations of the motion to modify.

What happens if the parent with the right designate the primary residence of the child dies? The custody order no longer governs the right to possession of a child when the person with the right to designate the primary residence of the child dies. This does not mean that a modification is not necessary. Even though a prior order may not govern the person with the right to designate the primary residence of the child, it still is a prior order. The first step a party would take when the parent with the right to designate the primary residence of the child dies would be to file a writ of habeas corpus compelling his or her present possession, not necessarily custody. The next step would likely be to file a modification of the prior order.  However, there are cases that say you a person should file an original suit after the death of the primary conservator of the child. This is clearly a very complex area of the law. If you are faced with a modification of a child custody order you should consult with an experienced child custody lawyer.

If you are in need child custody lawyer or have a modification case currently filed against you then you should seek the advice of an experienced lawyer practicing in Williamson County. If you have any questions about child custody case please call The Law Office of Clifford Alan Swayze located in Round Rock, Texas at 512-335-5245.

We serve the following communities and zip codes in Williamson County Texas:

Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

New Presumption created under Texas Protective Order laws

The State of Texas has created a new presumption when it comes to family violence and protective orders. The new law will affect how family violence cases are dealt with in Round Rock, Williamson County Texas. The presumption is that family violence has occurred and is likely to occur in the future under certain circumstances. I wrote a blog post dealing with the changes to the protective order laws on my family law web page.

This change in Texas Law may significantly change how a court would handle a divorce, child custody case, or other family law matter. The court is required to grant an application for a protective order if it finds that family violence has occurred and is likely to occur in the future.

I believe it is necessary that attorneys' dealing with family violence cases have experience as both a criminal and family lawyer. If a criminal attorney is dealing with an assault family violence case and does not understand the possible fall out from a conviction or deferred adjudication stemming from a family violence arrest the defendant may enter a plea unknowingly hurting a future protective order case, or child custody case.

Clifford Alan Swayze has experience dealing with family violence cases as criminal attorney, family attorney and protective order attorney.

Please call my Round Rock Law Office at 512-335-5245.

We serve the following communities and zip codes in Williamson County Texas:

Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.  The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.