Texas Divorce Attorney Blog
Texas courts have broad discretion in child custody cases, but that discretion is limited by statute when family violence is involved. A recent decision from the Texas Third Court of Appeals illustrates that limitation and reinforces the mandatory language contained in the Texas Family Code regarding conservatorship restrictions after findings of abuse. Tex. Fam. Code § 153.004.
In a recent custody appeal, the Texas Court of Appeals for the Third District reversed portions of a trial court’s conservatorship order after concluding that the record contained findings of family violence inconsistent with a joint managing conservatorship arrangement. The decision reflects a recurring issue in Texas custody litigation: trial courts retain discretion in determining a child’s best interest, but they may not disregard statutory prohibitions governing custody where credible evidence of family violence exists.
Conservatorship Restrictions Under Texas Law
Texas law expressly limits the use of joint managing conservatorship when there is credible evidence of abuse or a history or pattern of family violence. The Texas Family Code provides that a court “may not appoint joint managing conservators” if credible evidence is presented showing a history or pattern of physical abuse by one parent against the other parent, spouse, or child within the relevant statutory period. Tex. Fam. Code § 153.004(b).
Texas Appellate Courts’ Analysis in Section 153.004 Cases
The appellate court in this case relied heavily on this statutory language. But it is important to note that the father did not deny the pattern of violence. Trial courts’ finding of a pattern of violence has been at issue in other Texas conservatorship cases brought before appellate courts.
Texas appellate courts have repeatedly addressed the tension between broad trial-court discretion and the statutory limitations imposed by Section 153.004. For example, in Burns v. Burns, the Dallas Court of Appeals analyzed whether evidence of domestic violence precluded a joint conservatorship structure under the Family Code. Burns v. Burns, 116 S.W.3d 916 (Tex. App.—Dallas 2003, no pet.).
The appellate court in Burns concluded that the trial court had not abused its discretion because the evidence regarding family violence was disputed, the appellate record was incomplete, and the trial judge was entitled to resolve credibility issues and determine whether the evidence established the “history or pattern” of abuse required under Texas Family Code Section 153.004(b).
These cases highlight that trial courts still have a broad, although not unlimited, discretion in conservatorship cases. Even what clearly falls within the category of domestic violence, for example, the issuance of a restraining order (as seen in Burns) or single instances of domestic violence, won’t automatically disqualify the court from awarding joint conservatorship under the Texas Family Code. See Hinkle v. Hinkle, 223 S.W.3d 773 (Tex. App.—Dallas 2007, no pet.).
Contact a Dallas Attorney if You’re in Custody Litigation Involving Family Violence
Texas custody litigation involving allegations of domestic violence often turns on evidentiary detail and statutory interpretation rather than generalized best-interest arguments alone. Even if that law doesn’t preclude joint conservatorship, if you’re in a domestic violence situation, you need to find a custody agreement that protects your child. Let our child custody attorneys at McClure Law Group help you; call our office at (214) 692-8200.