Denton Record-Chronicle (Denton, Tex.), Vol. 113, No. 362, Ed. 1 Sunday, July 30, 2017 Page: 4 of 30
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NATIONAL
4A
Sunday, July 30, 2017
Denton Record-Chronicle
New chief of staff Kelly to take over Monday
tion enforcement to either change
the laws or “shut up.”
But Kelly has won bipartisan
respect from lawmakers as a re-
sult of his distinguished military
career. He joined the Marine
Corps in 1970, carving out a rep-
utation as a highly respected but
often outspoken commander
who could roil debate and issue
unpopular directives on issues
ranging from women in combat
to the treatment of detainees at
the Guantanamo Bay, Cuba, de-
tention center.
Kelly was the fifth person to
lead the Department of Home-
land Security, which includes
agencies that protect the presi-
dent, respond to disasters, en-
force immigration laws, protect
America’s coastlines and secure
air travel. His selection as secre-
tary bolstered concerns about an
increase in military influence in
a Trump White House.
lim-majority nations. Those or-
ders have been stripped down by
courts pending a Supreme Court
review this fall.
People who know Kelly told
The Associated Press that he
was not aware of the details of
the initial orders until around
the time that Trump signed it.
Yet, just days after taking office,
he had to lead the agency as it
dealt with the chaos and confu-
sion that ensued at airports in
the U.S. and around the world.
He defended the orders to re-
porters and lawmakers and in-
sisted he indeed had been part of
the decision-making process.
Kelly has stood up to Con-
gress, another facet of his history
that Trump might find attrac-
tive.
By Laurie Kellman
Associated Press
WASHINGTON - Retired
Marine Gen. John Kelly is a bat-
tle-hardened commander who
would bring a background of
military discipline and order to
President Donald Trump’s roil-
ing White House as the new
chief of staff.
Kelly’s experience as Home-
land Security secretary and a
veteran of three tours in Iraq —
along with a sobering family
tragedy — suggests he’ll be a loy-
al manager for Trump when he
starts the job Monday.
“He has been a true star of my
administration,” the president
tweeted Friday, announcing that
his current secretary of home-
land security was in, and White
House chief of staff Reince Prie-
bus was out. Trump called Kelly
a “great leader” and “great
American.” He called Priebus,
Susan Walsh/AP file photo
President Donald Trump talks with Homeland Security Secretary John Kelly during com-
mencement exercises May 17 at the U.S. Coast Guard Academy in New London, Conn.
In April, Kelly bluntly chal-
lenged members of Congress crit-
ical of the Trump administration’s
aggressive approach to immigra-
ousted after a tumultuous six tary, Kelly has taken the lead on five orders suspendingthe admis-
months, a “good man.”
As Homeland Security secre-
some of Trump’s most controver- sion of refugees and temporarily
sial policies, including his execu- barring visitors from several Mus-
Trump says Senate Republicans
look like fools’ in Twitter rant
BRIEFLY
ACROSS THE NATION
Tourists evacuate
North Carolina island
—
/ ■
t
the chamber’s rules to end de-
bate with 51 votes.
In one of several Twitter
posts Saturday morning, Trump
wrote that McConnell “must get
rid of 60 vote NOW!” because
the threshold to end debate and
move to a final vote is “killing the
R Party, allows 8 Dems to con-
trol country.”
He alleged that “200 Bills sit in
Senate” and cannot be voted on,
calling the situation ‘A JOKE!”
In a confusing post, Trump
criticized Republicans’ use of
budget reconciliation rules,
which allow legislation to be
passed by ending debate with
the same 51-vote threshold he is
advocating.
He wrote that “reconciliation
is killing R’s in Senate,” then tak-
ing his plea directly to McCon-
nell: “Mitch M, go to 51 Votes
NOW and WIN. IT’S TIME!”
McConnell made his stance
clear in April — the first time
Trump made this call. A
McConnell spokesman on Sat-
urday said his views have not
changed.
“There’s no sentiment to
change the legislative filibuster,”
the Kentucky Republican said
then. Asked if he was commit-
ting to not changing the rules to
end debate on legislation while
he is the GOP leader, McConnell
replied: “Correct.”
Trump disagrees.
“They look like fools and are
just wasting time,” Trump wrote
of his party’s senators in a series
of posts that suggest the presi-
dent does not fully grasp Senate
rules or its dynamics.
Trump contended Saturday
morning that terminating the
60-vote rule to end debate with
51 votes would help the GOP
By John T. Bennett
CQ-Roll Call
WASHINGTON (TNS)
President
A “steady stream” of tourists
left a North Carolina island Sat-
urday under evacuation orders
prompted by a widespread pow-
er outage, wiping out a signifi-
cant chunk of the lucrative sum-
mer months for local businesses.
It could take days or weeks to
repair an underground trans-
mission line damaged early
Thursday by construction crews
working on a new bridge be-
tween islands. The construction
company drove a steel casing in-
to an underground transmission
line, causing blackouts on Ocra-
coke and Hatteras islands.
Cars lined up Friday to get on
ferries, the only way off Ocra-
coke Island, after about 10,000
tourists were ordered Thursday
evening to evacuate. A second
order for visitors to Hatteras Is-
land, south of Oregon Inlet,
meant up to 60,000 additional
people had to evacuate starting
Saturday, primarily north over
the inlet bridge.
Donald
Trump
slammed Senate Republicans
on Saturday, saying they ‘look
like fools” and urging Senate
Majority Leader Mitch McCon-
nell to change the chamber’s
rules so the party can end debate
on legislation with 51 votes.
But a McConnell aide said it’s
c
Alex Brandon/AP
President Donald Trump pauses Wednesday while speaking
in the Rose Garden of the White House in Washington. The
president attacked his party’s Senate GOP caucus via Twitter
after its members failed to pass a health overhaul bill.
not going to happen.
The president began the day
after firing Reince Priebus, the
former Republican National
Committee chairman with re-
lationships on Capitol Hill, by
attacking his party’s Senate
GOP caucus after its members
failed to pass a health overhaul
bill.
vote in first minute. They are
But no health care bill laughing at R’s. MAKE
CHANGE!”
An aide to Sen. Charles E.
Schumer, the Senate minority
The president also went after leader, said Saturday that
Senate Democrats, saying that if Schumer opposes changing the
they regain the majority, “they rules to get rid of the 60-vote
would switch to a 51 majority threshold.
‘complete Healthcare.’
McConnell put on the floor got
50 Republican votes late this
week.
He also posted on Twitter
that Senate Democrats, if they
had the chance, would change
Grandparents' Rights to Grandchildren
Cincinnati
Judge in officer’s mistrial:
‘Justice was done’
Historically, grandparents have
played a vital role in the develop-
ment, nurturing, and care-giving of
their grandchildren. Questions tend
to arise, however, when a grand-
child’s parents separate, divorce,
pass away, become incarcerated, are
found to be otherwise unfit, or when
the parents isolate the grandchildren
from the grandparents. When these
questions arise, what are a grandpar-
ent’s rights?
decisions related to a child’s care,
custody and control. Many states
amended their statutes regarding
grandparents’ rights after Troxel.
The Texas statutes on grandparents’
rights have been modified since
Troxel. And it seems that during ev-
ery legislative session in Texas since
Troxel, bills have been filed to further
modify grandparents’ rights. In fact,
there are several bills pending before
the Texas legislature this session.
There are three types of suits grand-
parents can attempt to pursue. The
first two types of suits involve “con-
servatorship,” one being custody.
The third type of suit is for posses-
sion and access to a grandchild (visi-
tation). The first battle a grandparent
must overcome is to establish that
they have a right to bring the suit,
called “standing.” Standing can be
complex, but some of the things
a court may look at with regard to
grandparent standing are as follows:
proof required in a grandparent case
depends on what type of case the
grandparent is pursuing. If the grand-
parent is seeking custody of their
grandchild, the burden on the grand-
parent is different than if the grand-
parent is seeking visitation with their
grandchild. For example, for grand-
parent custody of a child, the court
may look at whether the appoint-
ment of the parents would not be in
the best interest of the grandchild
because doing so would significantly
impair the child’s physical health or
emotional development; the best
interest of the child; whether family
violence has occurred between the
parents; and whether awarding the
grandparent custody is in the best
interest of the child. For visitation,
the court may look at whether a par-
ent’s rights have been terminated;
whether the denial of access by the
grandparent to the child would sig-
nificantly impair the child’s physical
health or emotional development;
and whether a parent is incompe-
tent, incarcerated, deceased, or has
actual court-ordered possession and
access to their child.
The Ohio judge who presided
at the second mistrial for a white
police officer in the shooting of an
unarmed black motorist says the
justice system worked, despite
two juries deadlocking.
“Justice was done because the
jury made a decision and that de-
cision was: We can’t reach a deci-
sion,” Hamilton County Judge
Leslie Ghiz told a WLW radio talk
show host on Thursday.
Ghiz was judge for the retrial
of former University of Cincin-
nati officer Ray Tensing, who
was charged with murder in the
July 2015 shooting of Sam Du-
Bose during a traffic stop. She
replaced the first trial judge,
who recused herself after a No-
vember mistrial.
In June of 2000, in Troxel v. Granville,
the U.S. Supreme Court issued a 6-3
decision on grandparents’ visitation
rights. It is the most important case
ever decided with regard to grand-
parents’ visitation rights. Troxel over-
ruled a Washington State law that
permitted judges to grant visitation
to any interested party so long as the
visits were in the best interest of the
child, even if the parents objected.
The Troxel v. Granville decision was
unclear because the majority of the
justices agreed that Troxel should be
decided a certain way; however, each
justice had a different reason for do-
ing so, which resulted in six
separate court opinions.
The court held that “The
Fourteenth
protects the fundamental
right of parents to make
decisions concerning the
care, custody, and control
of their children.” The un-
clear legal opinions in Trox-
el made it difficult for state
courts to interpret the deci-
sion, but the bottom line is
that Troxel severely limited
grandparents’ rights.
Oftentimes grandparents are found
in primary caregiving roles for their
grandchild. This may be on a full-
time basis when the grandchild’s
parents are unable to provide for the
child, or in the case of emergency
or tragedy. It is in these situations
that a grandparent may serve as the
grandchild’s primary caregiver. On
the other hand, there are times when
grandparents are excluded from see-
ing their grandchild by one or both
of the parents. Usually a legal battle
begins when grandparents want to
maintain primary caregiving or con-
tact with their grandchildren.
• The grandchild’s present circum-
stances would significantly im-
pair the child’s physical health or
emotional development.
• The denial of access to the child
by the grandparent would signifi-
cantly impair the child’s physical
health or emotional development,
and the parents are incompetent,
deceased or do not have court-
ordered possession and access to
their child.
If a grandparent has standing, then
they may proceed with their suit. The
Wapakoneta, Ohio
Gold lunar module
stolen from museum
i
fL .
m
*
Every case involves a unique
set of facts and grandpar-
ents should consult with
a family lawyer to consult
about their rights. The laws
for grandparents’ rights
can be quite complex. It is
dangerous to obtain legal
advice about grandparents’
rights on the internet, as
valuable grandparent rights
could be lost.
Amendment
Ohio police say a rare gold rep-
lica of the lunar space module has
been stolen from the Armstrong
Air and Space Museum
Police in Wapakoneta re-
sponded to a museum alarm late
Friday night and discovered the
5-inch high, solid-gold replica
had been stolen.
Replicas of the lunar excur-
sion module produced by Car-
tier were presented to Neil Arm-
strong and his two fellow astro-
nauts, Buzz Aldrin and Michael
Collins, in Paris shortly after
their historic space mission.
xy
>.
I
r
(
l .
To learn more about the
rights of grandparents in
custody and visitation dis-
* putes, contact Charla H.
p Bradshaw or any of the
attorneys at KooonsFuller,
P.C. at 940-442-6677.
With this ruling, the uphill
battle for grandparents be-
gan. Basically, the Troxel
ruling meant that grand-
parents had to overcome
the presumption that par-
ents act in their child’s
best interest as they make
Albuquerque, N.M.
Missing H5-year-old
tortoise returned
(From left to right) Brook Stuntebeck, Sean Abeyta, Charla H. Bradshaw, James Logue, and Sarah Darnell
Dallas
1717 McKinney Avenue
Suite 1500
Dallas, Texas 75202
(214) 871-2727
Denton
320 West Eagle Drive
Suite 200
Denton, Texas 76201
(940) 442-6677
A 115-year-old desert tortoise
that disappeared from its gar-
den at a New Mexico senior liv-
ing community was returned.
ThcAlbuquerque Journal re-
ports the tortoise, Diablo, was re-
turned Friday to Manzano del Sol
Village. Afamily bought the shell-
wearing wanderer from kids at a
park and called the senior living
community after seeing a news
report on the disappearance.
Millie Tjeltweed, who owns
Diablo, says she doesn’t know
the circumstances of the tortois-
e’s disappearance.
ABOUT KOONSFULLER
KoonsFuller Family Law is
the largest Southwest-based
family law firm with five
Texas locations - Dallas,
Southlake, Plano, Denton and
Houston.
For more information, visit
www.koonsfuller.com
KoonsFuller Family Law has experienced attorneys
who have the knowledge and resources to serve
clients in matters including divorce litigation;
property division of any size and complexity; marital
agreements both before (prenuptial) and after
marriage (postnuptial); asset tracing, valuation and
division; child custody, visitation with children, child
support and paternity; grandparent and third party
rights to children, such as aunts and uncles; and trial
and appellate work, as well as litigation alternatives
such as mediation, arbitration and collaborative
law, across Texas, and in certain cases, the nation.
Plano
5700 West Plano Parkway
Suite 2200
Plano, Texas 75093
(972) 769-2727
Southlake
181 Grand Ave
Suite 225
Southlake, Texas 76092
(817) 481-2710
Houston
109 North Post Oak Lane
Suite 425
Houston, Texas 77024
(713) 828-5090
www.KoonsFuller.com
— The Associated Press
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Parks, Scott K. Denton Record-Chronicle (Denton, Tex.), Vol. 113, No. 362, Ed. 1 Sunday, July 30, 2017, newspaper, July 30, 2017; Denton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1131601/m1/4/?q=architectural+drawings: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .