Title: Texas Court Modifies Parent-Child Relationship Due to Mothers Abuse BY: Colleen

In re L.C.L., 396 S.W. 3d 712 (Tex. Ct. App. 2013). No. 05-11-00377-CV. In the Interest of L.C.L., a minor child, the Dallas Texas Court of Appeals affirmed the trial court's order in the suit to modify the parent-child relationship. The trial court found there was a history of violence towards L.C.L. by M.L., the child’s mother. The court appointed P.L., the father of L.C.L., as the sole managing conservator of the child, and ordered that M.L.'s periods of possession of L.C.L. be supervised access by a professional supervisor. In 1999, P.L. and M.L, divorced, and they were appointed joint managing conservators of L.C.L. In 2009, P.L, filed a motion to modify the parent-child relationship in order to seek appointment as sole managing conservator of L.C.L. because of M.L.’s physical abuse towards L.C.L. M.L. argues that the evidence of a pattern of violence was legally and factually insufficient to support the trial court's findings and orders. There was close to a dozen prior hearings on this case during the two-year period preceding and during this suit. M.L. contended that the events alleged did not meet the definition of family violence. She further argues that the alleged events were disciplinary in nature and that there was no evidence that L.C.L. was injured. However, L.C.L reported to mental health professionals involved that his mother, M.L., had grabbed his lips and pulled them with her fingernails towards her, grabbed his arm with her fingernails, scratched his back, and slapped him. A mental health professional corroborated L.C.L.’s reports and confirmed that he was still fearful of his mother, M.L., and he believed L.C.L. would be in danger if he was alone with M.L. Texas Family Code provides what constitutes as "family violence" and that even a single act of violence or abuse can constitute a history or pattern of physical abuse. Therefore, the reported events do meet the definition of family violence, and the trial court did not abuse its discretion because some evidence of violence and abuse exists to support the trial court's judgment. At the time joint managing conservator of L.C.L. was given it was presumed to be in his best interest. Under the Texas Family Code, a trial court may modify conservatorship of a child if the modification is in the child's best interest and/or when a court finds that there has been and is a history of family violence. The appeals court found that the trial court did not abuse its discretion when it appointed P.L. as the sole managing conservator of the child. In addition, supervised visits are needed since it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of physical abuse.