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. 

Clifford Alan Swayze -Biography

 

 

Clifford Alan Swayze was born in Dallas, Texas and moved to Austin, Texas in January of 1989.  After moving to central Texas Mr. Swayze attended Murchison middle school and Anderson High School. After graduating from High School Mr. Swayze attended the University of Texas and obtained a Bachelor’s degree in History in 2001.

At the same time Clifford Alan Swayze was attending the University of Texas at Austin he was serving as an intern for then Representative Kim Brimer. It was at this time that Clifford Alan Swayze gained an interest in the law and helping others.  

In pursuit of this goal, Mr. Swayze attended Law School at St. Mary’s where he graduate with in 2005. Upon graduation Mr. Swayze began work for a law firm located in the heart of downtown Austin. In 2006, Clifford Alan Swayze founded his own law firm down the street from the courthouse, where his office was located until 2014 when he moved his office to Round Rock, Texas. Mr. Swayze has continued to represent clients with integrity and proficiency with their family, divorce, child custody, and criminal law legal matters.

 

 

 

Termination of the parent child relationship

A question that I frequently receive at my Round Rock Law Office concerns terminating the parental rights of the other parent that is not involved in the child’s life. Chapter 161 of the Texas Family Code deals with this situation. Generally this situation in relation to a divorce or child custody case where the parent that is primarily caring for the child starts to consider attempting to terminate the rights of a non-involved parent. Sometimes this question arises out of a genuine concern about the child’s physical health and emotional development and other times it is made from a position of selfishness.

Selfishness is a real concern for everyone involved in the family law system. The number one concern of everyone involved with the family courts including the attorneys, judges, and party’s is the best interest of the child. I think this term gets thrown around a lot, but rarely do people really stop to consider what is in the best interest of the child. Not Clifford Alan Swayze’s best interest, not his client’s best interest, but the child’s best interest. I think as a lawyer in a child custody case every conversation with your client should start with what do you think will be best for your child?

The honest answer to that question generally should be that both parents are actively engaged in the life of the child and that the child receives love and attention from both parents. Studies have shown that children raised within family household that is intact meaning has not gone through a divorce suffer the least amount of stress. Studies have also shown that children that live with both parents have a significantly reduced amount of stress from those with only access to one parent.

I understand that it is difficult to understand, but the rule is that children with a good relationship with both parents has fewer emotional developmental issues than children missing out on a relationship with one of their parents.

As stated above Chapter 161 of the Texas Family Code sets forth the grounds for terminating the parental rights of a parent. Amongst other reasons the code states that the court may order the termination of the parent child relationship if the court finds by clear and convincing evidence. Let me stop to analyze this sentence before we move on to the factors. The code specifically uses the word “may.” This term is used to indicate that something is a possibility. It not a term that implies the court actually has to do this if this factor is present. I think the term implies that the court has a choice to terminate if these factors are present.

The last part of the states that the court finds by clear and convincing evidence. This is a high level of certainty. If you take this into context with other levels of certainty the term can be understood with more clarity. For instance, the lowest level of certainty is reasonable suspicion. This is the level of certainty that an officer needs to pull you over for a traffic violation. The second level of certainty used in the legal system by lawyers is probable cause. An officer is required to have probable cause before he can place someone under arrest. This means that the police officer needs to be able to be able to reasonably articulate facts for why he arrested an individual. The next level of certainty is when some sort of civil suit is initiated such as a divorce, child custody case, suit affecting parent child relationship or suit to adjudicate parentage. The level of certainty required in this type of case is preponderance of the evidence standard. What this means is that the trier of fact needs to believe by 51% that the situation occurred that it is more likely than not. Two levels of certainty are higher than preponderance of the evidence. Clear and convincing evidence and beyond a reasonable doubt.

How certain would you want the court to be if someone was trying to terminate your parental rights or take your child away from you? On the other hand consider the health, safety, and well being of the child. How many children die a year due to abuse and negligence of the parents? This is a lot of information to consider. The stakes are generally high when a person is wanting to terminate a parent’s right to his or her children.

There is no doubt that a lawsuit of this nature will be a highly expensive venture. Judges are thoughtful when the possibility of termination a parents rights is before the court. When I use the term thoughtful I mean the decision will weigh heavily on the mind of the judge and the judge will be extremely cautious in making a decision. A termination is complete, final, irrevocable and divests for all time that natural right as well as all legal rights, privileges, duties and powers with respect to each other except for the child’s right to inherit. Consequently, termination proceedings are strictly scrutinized and involuntary termination statutes are strictly construed in favor of the parent. It has been held by the Texas courts that “Actions which break the ties between a parent and child can never be justified without the most solid and substantial reasons.

For these reasons enumerated above the Texas Family code used the language “may,” when describing the courts authority to terminate the parent child relationship. This word gave the court authority to consider what is in the best interest of the child. Not only does the court have to prove that one or more of the factors laid out in chapter 161 is present, but also that the termination of the parent child relationship is in the best interest of the child. The court or jury must find that both elements are established by clear and convincing evidence.  Proving one element does is not enough to terminate the parent child relationship.

When a client comes into my office and says “Clifford Alan Swayze do you believe that I have chance at terminating the parent child relationship as to my child’s other parent,” I simply ask what do you think is in your child’s best interest and what are your reasons for considering this option. Do not attempt to prosecute or defend a termination law suit without the assistance of a good child custody lawyer. 

The Law office of Clifford Alan Swayze is proud to display our association with the Round Rock, Texas Chamber of Commerce.  Round Rock has a rich history and a bright future. The Round Rock Community is a thriving and diverse placed right in the heart of Williamson County.

Round Rock is an amazing place to work and conduct business. There is a highly educated workforce that is able to live and work in the same community. The Round Rock Chamber of Commerce is committed to serving as an Economic development partner with The Law Office of Clifford Alan Swayze as well as other businesses located within Round Rock.

Round Rock, Texas has a long history of thinking ahead when it comes to dealing with growth. The City of Round Rock’s focus on the future, while not forgetting the pas has paid off with explosive growth.

In 1848, Round Rock was founded in 1848 by Jacob M. Harrell on the North Bank of Brushy Creek. While the settlement was first named Brushy Creek, the United State Postal Office requested the settlement be renamed. On August 24, 1854 the settlement officially became known as Round Rock.

Round Rock was able to capitalize on its location in relation to the Chisolm Trail and later grew into the economic magnet that it has become today. The Law Office of Clifford Swayze is proud to support this growth and serve the community as a Round Rock Divorce Lawyer. 

History of domestic violence or sexual abuse

The Texas courts will consider a person’s history of physical and sexual abuse when deciding whether to give a person child custody. “In determining whether to appoint a party as a sole or joint managing conservator,” is the specific language the Texas Family code is using. What is code referring to when it uses the terms sole or joint managing conservator?

The term conservatorship is utilized to designate the legal rights and responsibilities of a parent in relationship to the child that is the subject of the family court order. The Texas Family code has created to types of conservatorship 1. Sole, and 2. Joint. The presumption is that joint managing conservatorship is in the best interest of the child. This presumption can be rebutted if evidence is presented to the court that joint managing conservatorship is not in the best interest of the child.

The term sole managing conservator means that the person with this designation is the only person with the legal right to make certain decisions for the child. The general rights include:

1.     determine the primary residence of the child;

2.     consent to medical, dental, and surgical treatment involving invasive procedures;

3.     consent to psychiatric and psychological treatment;

4.     receive child support; and

5.     make decisions concerning the child's education

The term joint managing conservatorship is utilized when the legal rights and duties of a parent are shared by both parties to the divorce or child custody case. While most of the rights are shared, certain rights will generally be exclusive to one party such as the right to receive child support and determine the primary residence of the child.

The Texas Family Code goes on to say that the courts shall consider “evidence of the intentional use of abusive physical for, or evidence of sexual abuse. The term “shall” means that the court does not have a choice. The court has no choice, but to consider this evidence described above. The courts shall consider this evidence only when a party to the divorce or child custody case has directed the abusive physical or sexual abuse towards the spouse, parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.

The court may not appoint a party as a joint managing conservator when credible evidence is presented that the party has a history or pattern of engaging in the behavior described above.

However, this creates merely a preference. In a child custody dispute between to parents the Texas code allows such evidence that weighs heavily against the violent parent.

This article was written by Clifford Alan Swayze whose office is located at 1000 Heritage Center Circe, Round Rock, Texas 78664. If you are need to talk with an experienced divorce or child custody lawyer please follow this link to find out more information about his family lawyer experience. 

Round Rock Divorce Lawyer

Round Rock divorce and child custody lawyer Clifford Alan Swayze has been helping clients in the Austin, 

Round Rock, Cedar Park, Georgetown, Leander, Hutto, and throughout the Williamson and Travis County area since since 2005.  I practice criminal law, and family law. 

I have represented individuals charged with first degree felonies, second degree felonies, third degree felonies, state jail felonies, misdemeanor class A, misdemeanor class D, and misdemeanor class C offenses.

On the family law side of my practice, I have represented people in divorces and child custody cases that had significant property disputes where hundreds of thousand dollars were at stake, child custody fights, child support issues, modification of prior orders, suits to establish parentage, parental alienation, as well as simple uncontested divorces.  

Please click on the link above for more information about services and contact information. 

Round Rock Divorce Lawyer Clifford Alan Swayze

Dividing up community property and confirming debt

The court has the authority to divide and dispose of the spouses assets and liabilities during a divorce. The statutory authority the State of Texas gives the courts this authority includes the ability to determine the liability to third party creditors as between the spouses. While the court does not have the power to change liability on community debt in relation to third party creditors, the court can order that one spouse has to pay the debt or that property must be sold to pay off the debt.

A sworn inventory report is generally the first step in dividing up and discovering property to be divided or the liabilities owed by the spouses. There are other discovery methods such as interrogatories, depositions, requests for production of documents, or informal discovery. A few common types of liabilities include, but are not limited to the following: mortgages; credit cards, car loans; income taxes ect… to be continued. If you would like to get more information please contact Clifford Swayze.