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.

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.

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. 

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. 

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.