Conservatorship

Custody disputes and other family law matters can be some of the most difficult and emotional conflicts for courts and judges to hear. Fact finders must balance the importance of protecting the safety of children with the unfortunate fact that many parents manufacture or exaggerate claims of abuse in order to bolster their custody or divorce case. Ultimately it is up to the finder of fact (judge or jury) to determine the credibility of abuse allegations lodged against a party. A Texas appellate court recently affirmed a Dallas family judge’s ruling that the allegations of abuse against a father involved in a custody case were not credible.

The parties in the recently decided case were a married couple who share four children. Around 2017, the parties sought a divorce based upon irreconcilable differences. As the divorce and custody determination played out, the mother made allegations that the father had been abusive several times to her in front of the children. Under Texas law, an abusive parent or spouse faces difficulty in obtaining primary custody of the children. While not directly controverting the mother’s allegations, the father did elicit the testimony of a family therapist who treated the couple, as well as another professional who completed a custody evaluation of the family to determine the best placement for the children.

Based on the testimony of the parties and professional witnesses, the family judge determined that the mother’s allegations of abuse did not demonstrate the “pattern of abuse” that would be required to further restrict the father’s custody rights. Specifically, the judge noted that both the marriage therapist and the custody evaluator found the mother to be unstable and agitated. The judge further determined that the allegations of abuse appeared to be made primarily in support of the mother’s legal case, and not based on any actual abuse.

While all aspects of a divorce can elicit uncomfortable and distressing feelings, those involving children often present additional challenges. Unlike many other states, the Texas family court system addresses custody and visitation as “conservatorship,” “possession,” and “access.” These orders are documents that state when each parent will spend time with the child and under what circumstances. A party can enforce these documents when a judge includes them in a court order. An attorney can assist a parent in drafting a plan to ensure that it meets the state’s guidelines. Even if parents agree to a parenting plan and agreement, circumstances may be fluid, and issues can arise immediately after the agreement or years down the line. In these cases, parties must abide by the parenting plan until a modification. The failure to do so can have long-term consequences on the defaulting parent.

For instance, recently, Texas appellate court issued an opinion in a case stemming from a trial court’s order holding a father in contempt of a custody order. The relevant facts involve the mother’s petition alleging that the father violated their custody decree by 1. Failing to provide tax documents; 2. Failing to execute necessary property transfer documents; and 3. Interfering with the mother’s possession of the couple’s child.

The mother claimed that she lost possession, one stemming from a flight delay and the other when the father refused to surrender the child at daycare at the end of his possessory period. The second incident arose when the mother told the father to drop the child off at daycare, stating she was “designating them” a competent adult. However, the father refused to enter the daycare, claiming that the woman must retrieve the child from the parking lot. The woman asked the court to hold the father in contempt, jail him for 180 days, in addition to other admonishments.

Articles Posted in Conservatorship

Dallas Judge Evaluates Credibility of Abuse Allegations in Child Custody Case

The Importance of Following Texas Child Custody Agreements