It should come as not surprise (if you are paying attention), Appellate courts do not always agree with each other!
As an exercise in logic, lets look at some of the issues within the Appellate courts.
I am going to pick on the 2nd District Court of Appeals because of the number of other Appellate Courts they mention in the case:
CC v. LC, Tex: Court of Appeals, 2nd Dist. 2019
The fact that it is from 2019 (3 months prior to the writing of this entry) does not hurt either.
The first issue that sticks out to me is that the court [2nd appeals] does not seem to distinguish the difference (and similarities) between "family violence" and "abuse".
Texas Family Code 153.004(g)(1), (2) gives direction on where to find the definitions of both "family violence" and "abuse/neglect".
In re RTH, 175 SW 3d 519 - Tex: Court of Appeals, 2nd Dist. 2005
TEX. FAM.CODE ANN. § 153.004(b). A single act of violence or abuse can constitute a "history" of physical abuse for purposes of section 153.004(b). In re Marriage of Stein, 153 S.W.3d 485, 489 (Tex.App.-Amarillo 2004, no pet.). But section 153.004(b) prohibits the trial court from appointing joint managing conservators "if credible evidence is presented of a history or pattern of past or present... physical ... abuse by one parent directed against the other parent." TEX. FAM.CODE ANN. § 153.004(b).
I am going to pick on the 2nd District Court of Appeals because of the number of other Appellate Courts they mention in the case:
CC v. LC, Tex: Court of Appeals, 2nd Dist. 2019
The fact that it is from 2019 (3 months prior to the writing of this entry) does not hurt either.
The first issue that sticks out to me is that the court [2nd appeals] does not seem to distinguish the difference (and similarities) between "family violence" and "abuse".
Texas Family Code 153.004(g)(1), (2) gives direction on where to find the definitions of both "family violence" and "abuse/neglect".
In re RTH, 175 SW 3d 519 - Tex: Court of Appeals, 2nd Dist. 2005
TEX. FAM.CODE ANN. § 153.004(b). A single act of violence or abuse can constitute a "history" of physical abuse for purposes of section 153.004(b). In re Marriage of Stein, 153 S.W.3d 485, 489 (Tex.App.-Amarillo 2004, no pet.). But section 153.004(b) prohibits the trial court from appointing joint managing conservators "if credible evidence is presented of a history or pattern of past or present... physical ... abuse by one parent directed against the other parent." TEX. FAM.CODE ANN. § 153.004(b).
