Texas Divorce Attorney Blog
Texas trial courts have broad discretion in conservatorship decisions, particularly when the record reflects that the ongoing conflict between parents isn’t in the best interests of the involved children. In a recent case, the Third Court of Appeals reaffirmed that discretion by upholding a conservatorship ruling despite one parent’s objections to the conduct of the proceedings.
The case involved a contested conservatorship proceeding between a separating husband and wife, co-parents of two young children. Throughout their legal battle, the trial court issued multiple temporary orders addressing conservatorship and possession of the children.
Initially, both parents were named temporary joint managing conservators, but the husband was granted the exclusive right to designate the children’s primary residence. As the parents continued to have challenges, later court orders imposed restrictions on the wife’s possession and visitation rights.
The Trial
At the bench trial, the court heard testimony from both parents, family members, the court-appointed guardian ad litem (GAL), and parties involved in supervised visitation. The trial court initially indicated that it would designate both parents as joint managing conservators. The designation would come with the caveat that the mother would need to complete a psychological evaluation and demonstrate progress in rebuilding her relationship with the children.
Aggravated by these stipulations, she became argumentative and left the courtroom before the ruling was finalized. The court appointed the father as sole managing conservator, incorporating the mother’s supervised visitation and psychological evaluation requirements into the final decree.
Issued Raised on Appeal and Upholding the Trial Court’s Decision
On appeal, the mother argued that the trial court abused its discretion by continuing the proceedings in her absence and by imposing the contested provisions regarding conservatorship, visitation, and evaluation. The appellate court reviewed the conservatorship and visitation decisions under the abuse-of-discretion standard and found that the trial court’s determinations were “intensely fact-driven” and primarily concerned with the child’s best interests.
The review reinforced that appellate courts do not reweigh evidence or substitute their judgment for that of the trial court. Instead, they consider whether the trial court acted arbitrarily, unreasonably, or without reference to guiding legal principles.
The appellate court also noted that trial judges are in the best position to observe the parties’ demeanor, assess credibility, and evaluate each parent’s ability to put their child’s interests above ongoing conflict. A parent’s decision to leave the courtroom does not stop the proceedings and may itself be relevant to conservatorship considerations.
In their review, the appellate court also cited numerous facts the trial court used in making its decision, including the mother’s consistent failure to exercise her periods of possession, her unwillingness to communicate with the father, and her inappropriate behavior in open court.
It also determined that the trial court’s requirement that the mother complete a psychological evaluation was appropriate based on a history of depression, suicide attempts, and failure to comply with prior court-ordered psychological evaluations.
The trial court did not abuse its discretion in proceeding with the hearing or in issuing the conservatorship orders, the appellate court affirmed.
Contact a Dallas Family Lawyer
Behavior in and out of court significantly affects a court’s decision on conservatorship. If you’re considering a divorce and foresee conservatorship decisions in your future, a Texas family attorney can help guide your case. Set up a consultation with McClure Law Group by calling (214)-692-8200.