{"id":2852,"date":"2024-05-27T18:51:26","date_gmt":"2024-05-27T23:51:26","guid":{"rendered":"https:\/\/www.mcclure-lawgroup.com\/blog\/?p=2852"},"modified":"2024-06-07T15:02:54","modified_gmt":"2024-06-07T20:02:54","slug":"appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/","title":{"rendered":"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case"},"content":{"rendered":"<p>The Seventh District Court of Appeals recently <a href=\"https:\/\/cases.justia.com\/texas\/seventh-court-of-appeals\/2024-07-23-00307-cv.pdf?ts=1716543112\" target=\"_blank\" rel=\"noopener\">considered<\/a> a case involving significant issues of custody and child support. The trial court had appointed the father sole managing conservator and ordered him to pay child support to the mother. Both parents appealed.<\/p>\n<p><strong>Sole Managing Conservator<\/strong><\/p>\n<p>The mother argued the trial court erred in finding an incident in June 2021 prevented it from appointing both parents joint managing conservators.\u00a0 According to the appeals court, the mother pleaded guilty to misdemeanor assault on the father as a result of the referenced incident.\u00a0 The trial court found a history of abuse by the mother against the father and that the mother pleaded guilty to misdemeanor assault on the father regarding an incident on or about June 13, 2021. The court named the father sole managing conservator and the mother possessory conservator.\u00a0 The court stated in its conclusions of law that \u201c[b]ecause Petitioner pleaded guilty to misdemeanor assault of Respondent, the Court cannot appoint the parties joint managing conservators.\u201d The mother argued, based on this statement, that the trial court had concluded it was required to find a history of abuse based only on the guilty plea.<\/p>\n<p>Tex. Fam. Code \u00a7 153.004(b), prohibits a court from appointing joint managing conservators there is credible evidence \u201cof a history or pattern of past or present child neglect, or physical or sexual abuse by one parent directed against the other parent, a spouse, or a child . . .\u201d The statute does not define the meaning of \u201chistory.\u201d\u00a0 The appeals court noted that it had not held that a single instance of physical abuse against the other parent necessarily constitutes a history of abuse, but had ruled that the trial court has the discretion to conclude that a single incident can constitute a history.\u00a0 The appeals court therefore concluded that the trial court could have found the mother\u2019s guilty plea to a misdemeanor assault charge sufficient to prove the existence of a history of abuse against the child\u2019s father.<\/p>\n<p> <a href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/#more-2852\" class=\"more-link\">Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed the father sole managing conservator and ordered him to pay child support to the mother. Both parents appealed. Sole Managing Conservator The mother argued the trial court erred in finding an incident [&hellip;]<\/p>\n","protected":false},"author":13,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[236,23,16,24,129],"tags":[],"class_list":["post-2852","post","type-post","status-publish","format-standard","hentry","category-abuse","category-child-custody","category-child-support","category-domestic-violence","category-family-violence-2"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case &#8212; Texas Divorce Attorney Blog &#8212; May 27, 2024<\/title>\n<meta name=\"description\" content=\"The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed &#8212; May 27, 2024\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:title\" content=\"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case &#8212; Texas Divorce Attorney Blog &#8212; May 27, 2024\" \/>\n<meta name=\"twitter:description\" content=\"The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed &#8212; May 27, 2024\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Francesca Blackard\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case &#8212; Texas Divorce Attorney Blog &#8212; May 27, 2024","description":"The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed &#8212; May 27, 2024","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/","twitter_card":"summary_large_image","twitter_title":"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case &#8212; Texas Divorce Attorney Blog &#8212; May 27, 2024","twitter_description":"The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed &#8212; May 27, 2024","twitter_misc":{"Written by":"Francesca Blackard","Est. reading time":"5 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/#article","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/"},"author":{"name":"Francesca Blackard","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/99f9f1e83401bfe81629c93e6c6c0cc2"},"headline":"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case","datePublished":"2024-05-27T23:51:26+00:00","dateModified":"2024-06-07T20:02:54+00:00","mainEntityOfPage":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/"},"wordCount":1050,"articleSection":["Abuse","Child Custody","Child Support","Domestic Violence","Family Violence"],"inLanguage":"en-US"},{"@type":"WebPage","@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/","url":"https:\/\/www.mcclure-lawgroup.com\/blog\/appeals-court-addresses-family-violence-sole-conservatorship-and-child-support-in-a-texas-custody-case\/","name":"Appeals Court Addresses Family Violence, Sole Conservatorship, and Child Support in a Texas Custody Case &#8212; Texas Divorce Attorney Blog &#8212; May 27, 2024","isPartOf":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#website"},"datePublished":"2024-05-27T23:51:26+00:00","dateModified":"2024-06-07T20:02:54+00:00","author":{"@id":"https:\/\/www.mcclure-lawgroup.com\/blog\/#\/schema\/person\/99f9f1e83401bfe81629c93e6c6c0cc2"},"description":"The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. 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