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(Download) "Burns V. Burns" by In the Court of Appeals Fifth District of Texas at Dallas # eBook PDF Kindle ePub Free

Burns V. Burns

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eBook details

  • Title: Burns V. Burns
  • Author : In the Court of Appeals Fifth District of Texas at Dallas
  • Release Date : January 07, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

This is an appeal from a final decree of divorce in which the appellee was named joint managing conservator with the exclusive right to establish the primary residence of the parties' minor child, and appellant was ordered to pay child support. Appellant argues that the court's order is improper under section 153.004 of the Texas Family Code because there was credible evidence that appellant was a victim of family violence committed by appellee. In seven issues appellant makes the following arguments: (1) in determining whether to appoint appellee sole or joint managing conservator the trial court failed to consider and to reflect in its decree that it considered "evidence of the intentional use of abusive physical force by a party against the party's spouse," in contravention of section 153.004(a) of the Texas Family Code; (2) in light of the provisions of section 153.004(b) of the Texas Family Code the trial court improperly named appellee joint managing conservator of the minor child; (3) in light of the evidence of family violence and the entry of a protective order against appellee by a court in Dallas County, and in contravention of the rebuttable presumption of section 153.004(b) of the Texas Family Code, the trial court improperly named appellee joint managing conservator with the exclusive right to determine the child's primary residence; (4) in light of the evidence of family violence and the entry of a protective order by a court in Dallas County, the trial court improperly failed to name appellant sole managing conservator; (5) in light of the credible evidence of family violence the trial court improperly failed to grant appellant the right to establish the primary residence of the child; (6) the trial court improperly failed to make findings of fact and conclusions of law as required by section 153.004(d)(1); and finally, (7) in light of the evidence of family violence the trial court improperly ordered appellant to pay appellee child support, and failed to order appellee to pay appellant child support. For the reasons set forth below, we affirm the trial court's judgment.


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