domestic violence Archives - Richard T. Sutherland

Custody Problems, Modifications, and Enforcements as Kids Grow Up

Nick Augustine September 18, 2019September 18, 2019 Child Custody, Divorce, Enforcement, Modifications

Custody Problems, Modifications, and Enforcements as Kids Grow Up

When parents divorce and negotiate or litigate child custody, the factors considered are in the best interests of the child at the time of the divorce, looking into the foreseeable future. However, things can change and the circumstances of the child and parents can lead to modifications and enforcements of the final divorce decree.

When custody problems arise as kids grow up, the parents can work together to make changes to their custody agreement. However, if the conflict is high, there might not be room for negotiation. If necessary, enforcement or modification cases may be necessary. Modifications and enforcements are new lawsuits and follow formal procedure, similar to a divorce.

A lawsuit for modification of what many call custody, is filed to modify the rights and responsibilities of joint managing conservators, as having possession and access, and for making the determination of the residence of a child. The entire arrangement does not need to change, and in many cases, the modification or enforcement may only be about one particular parental right, duty, or activity.

Call Wichita County custody lawyer Richard T. Sutherland if you have custody problems because your kids are growing up and you may need to change custody and visitation agreements. (940) 691-2100.

Listen to the Texas Child Custody and Conservatorship podcast to learn more!

Getting Into Good Schools and College

Admission standards are competitive on the path to best schools and educational programs. Parents frequently focus on college planning checklists in Grade 9 or earlier. In addition to getting the best possible grades is important. The level of classes matters and practice testing and courses preparing students for the SAT and ACT are common.

If the parent with the right to establish the child’s residence happens to move into a new school district, conflict can ensue. While the parent might find more house for the money in one district, the other parent worries the academic standards in that district do not measure up. When concerns about a long path to a great college could be comprised, a custody modification suit could be forthcoming.

Sports and Extracurricular Activities

The NCAA: What Prospective Student-Athletes Need to Know

Student-athletes have a range of goals. While some are focused on nothing more than being a starting player on a winning team, other young athletes are competing for college scholarships and the recruiters they want to take notice. Parents of student-athletes take on what seems like extra part-time jobs with the demands of coaches, practice, and game schedules, often involving significant travel and expense.

Custody problems can arise when both parents are joint managing conservators and have rights to make decisions about their children and participation in sports. When one parent does not want their son playing tackle football, a high-conflict disagreement can lead the parties back to court.

Children Hanging Out With the Wrong Crowd

See this Family Education article, What to Do When Your Kid Gets in Trouble at School

The last thing parents want to hear is that their child is getting into trouble at school, or off-campus because they are hanging out with kids who might not be the best influence. Toxic friends and changes in behavior can be a sign that something is going wrong with a child. It may be a reaction to something missing in their life, or something recently added, like a parent starting a new relationship.

Child behavior and trouble with toxic friends do not necessarily signal a failure in parenting. Despite the best childcare and parenting, children can cause conflict and problems. If there is a situation where the child is abused or neglected, a modification of conservatorship and possession and access may be vital to the safety of the child.

New Relationships Among Kids and Parents

Former spouses are not required to like their ex’s new partners. They may, however, have limitations on bringing the new partner around children. Children do well around happy and healthy relationships, and they also do well when they feel safe and secure with family. Depending on how long ago the divorce was, and the age of the children, they may take well to a new person. Whether the new love interest has their own kids can be another factor affecting peace at home.

As a parent watching your former spouse date and consider remarrying, the focus is on the new person we do not know. Are they good with your kids? Are they stable people? How do we know? What happens when we suspect they have substance abuse problems? While sometimes getting used to change takes time, change can also cause conflict and when more happens, parents can end up suing to change custody and parental rights and responsibilities.

Custody Problems as Kids Grow Up: Hiring an Experienced Lawyer for Enforcements and Modifications. Call Custody Lawyer Richard T. Sutherland, in Wichita County, Texas (940) 691-2100

Wichita County Custody lawyer Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas. Contact Mr. Sutherland’s office for a consultation today.

People in Wichita Falls and the surrounding areas call Richard T. Sutherland when they need an experienced and aggressive trial attorney for custody problems, modifications, and enforcements as kids grow up and circumstances change.

Wichita Falls Domestic Violence Lawyer: Recognizing and Stopping Abuse

Nick Augustine October 9, 2018February 8, 2019 Divorce

Defining Domestic Violence and Abuse

Domestic violence is behavior pattern through which the abuser keeps power and control over their partner in an intimate relationship, regardless of whether the individuals are married. Domestic violence affects people regardless of their race, religion, age, gender or sexual orientation. People right here in Wichita Falls, from all walks of life can be victims of domestic violence, regardless of financial status and access to a Wichita Falls domestic violence lawyer for help.

Physical abuse can include hurting another directly by pulling hair, hitting, biting, choking, slapping, kicking or using weapons to cause harm. Not all physical abuse leaves scars. There are plenty of abuse cases where victims are held captive, abandoned in strange places or are forced to participate in harmful situations including forced use of drugs or alcohol.

Call the National Domestic Violence Hotline Anytime 24/7: 1-800-799-SAFE / 1-800-799-7233

Common strategies abusers use to keep control over their victims:

Intimidation – that look, gesture, display of force, weapons and acts of destruction
Threats – making threats to leave, hurt, harm, or act to cause harm or embarrassment
Isolation – preventing the other from talking to or having access to friends and family
Economic Abuse –withholding money, preventing the other from making money
Emotional Abuse – put downs, name calling, guilting behavior, suggesting insanity
Undermining the Other Parent – using the children, harassing, threatening to take children
Using Children as Pawns – talking bad about the other, using leverage to earn favor
Strong Expectant Behavior – treating the other like a servant or subservient human

Why Do People Abuse Others?

To maintain power and control, domestic violence abusers hurt their intimate partners. Abusers are often internally insecure and lack feelings of self-worth and control in their lives. Some people say that abusers likely have been victims of abuse at some point in their lives. Some also say that abuse is learned through society and culture.

There is never an excuse to abuse another or commit acts of domestic violence towards your intimate partner. Regardless of the source of or reason people commit abuse, it is never acceptable.

Protective Orders and Domestic Violence

Protective Orders are available for victims of domestic violence when those victims decide to leave and get help. A protective order, based on a sworn statement and evidence by the applicant, can be ordered by the court to order the abuser to stay away from the victim, with a list of restrictions. Violating a protective order may earn the abuser a one-way trip to jail. In cases where the abuser and victim are married, a protective order is part of the initial proceedings in a divorce.

Be prepared when you seek a protective order because an already angry and agitated abuser can seek revenge including serious bodily harm and death. To be as prepared as possible, talk to your attorney, counselor, clergy member or any other who may be helping you plan to leave an abuser safely, with much attention paid to protecting you and your location and travels.

Richard T. Sutherland is a divorce and family law attorney in Wichita Falls, Texas, representing men and women with legal issues involving allegations of domestic abuse and family violence. If you are in immediate danger, call 911. If you need a Wichita Falls domestic violence lawyer, call the Law Office of Richard T. Sutherland in at (940) 691-2100.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Custody Modification Issues in Wichita Falls, Texas

Nick Augustine September 21, 2018February 8, 2019 Uncategorized

Despite the Best Plans, Custody Modification Can be Necessary

While following the terms of your divorce decree or custody order, there may be bumps in the road, some more significant than others. Issues with conservatorship, possession of or access to the child can arise out of parents’ new relationships, job opportunities and military deployments. There are also times that child abuse, family violence and changes in financial circumstances make it necessary to file a custody modification case to set a new order for conservatorship or possession and access that is in the best interests of the child or children.

In a custody modification case, the party bringing suit must be able to establish a material and substantial change of circumstances, something more than the inconvenience of one parent not being able to make scheduled weekend pick-ups and drop-offs.

Every modification case is unique, and you should obtain proper legal advice to learn your rights and where you stand in bringing a modification suit. In Wichita Falls, Texas, Richard T. Sutherland advises and represents parents with custody and modification issues.

Job Change and Relocation Issues Affecting Custody Arrangements

When a parent has a new opportunity for career advancement, the new job can be beneficial for everyone in the family, including children whose needs become more expensive as they grow older and get closer to high school and their future beyond. At a crossroads, the new job opportunity may affect the parent’s current rights and duties regarding possession and access, regardless whether they are the primary parent with a right to determine the child’s residence.

The parent with possession and access on first, third and fifth weekends, for example, might need to travel further for pick-ups and drop-offs. But what happens when their new job is in South Carolina as opposed to Oklahoma, and transportation and distance are issues?

Listen to Richard T. Sutherland speak on relocation issues in a recent podcast, “Geographic Restrictions and Relocation.”

Grounds for Modification of Custody Orders in Texas

When the terms and conditions of conservatorship, possession of or access to a child are sought to be modified, and it would be in the best interests of the child, the court may modify that custody order. The circumstances of the child, a conservator or other party affected by the original order of the court have materially and substantially changed.

The facts that give rise to what the court may consider a material or substantial change are unique to every family and custody case. An experienced child custody lawyer can advise you as to whether your situation warrants a modification. Some factors that can affect your chances at obtaining a modification may be the age of the child, increased expenses because of change of residence, conviction for child abuse or family violence, military duty obligations and more.

In Wichita Falls, Texas, parents who need a custody modification may seek the advice and representation of child custody attorney Richard T. Sutherland, an experienced and frequent speaker on children’s issues and protecting their best interests. Call Richard T. Sutherland in Wichita Falls at (940) 691-2100 with your questions and custody modification issues.