Recently, a mother involved in a custody dispute in Texas asked the Seventh District Court of Appeals to overturn a lower court’s decision regarding her children. Last year, the trial court had decided the mother and the father in this family were to have joint physical custody of their children. The parties were also granted joint legal custody, meaning they were supposed to make decisions about their children’s lives together, as a pair. The father, however, was allowed to trump the mother’s decisions if they could not agree on what to do during a dispute about education. The mother appealed this decision and asked the higher court to reverse it.
Facts of the Case
Based on evidence from the parties, the trial court had given both parents 50/50 custody – the minor children were to stay with one parent for seven days in a row, then with the second parent the next seven days. The court also gave the father a role called “primary managing conservator” of one of the children. Essentially, this meant that the father could trump the mother’s decisions regarding school, medical appointments, extracurricular activities, and lifestyle choices for one of the kids.
The mother was unhappy with this decision, and she asked the higher court to reconsider the trial court’s custody order by filing an appeal.
On appeal, the higher court had to weigh the evidence presented in this case. Looking at the record, the court considered the fact that the mother in this case had a history of trying to alienate the children from their father. She consistently insulted the children’s father in their presence, and it was difficult for the parents to get along both in the children’s presence and outside of it. In addition, the court found that the mother had excessively called the children when they were with their father, substantially interfering with his time with them.
Given these patterns, the court decided it would not be right to overturn the trial court’s decision. It seemed, in this case, as if the mother was unable to maintain a healthy co-parenting relationship with the father. It was thus sensible, said the court, for the father to be given this role as primary managing conservator. The court did not have reason to think it should reverse the original custody arrangement.
Are You Looking for a Family Court Attorney in Texas?
At Guest & Gray, we handle a limited number of Texas family law cases that involve questions around child support, custody, and divorce. We understand in our practice that these situations can be the most personal and difficult to handle, and we bring an empathetic and creative strategy to our litigation so that you can get the outcome you are looking for. We believe that every client deserves personalized representation, and we are committed to representing you to the best of our ability. For a free and confidential consultation, call us today at 972-564-4644.