During and immediately following a child custody or divorce case, families often undergo a challenging period of transition, especially in parenting after you allowed complain. The case may necessitate one or all parties to move from the family home, disrupting the accustomed living arrangement where everyone lived together. Children must adjust to living separately from one parent, posing a significant transition. This adjustment can be difficult for families to acknowledge. The inability to see your child whenever desired can be disheartening and challenging.
Additionally, initiating such a case reduces the family’s autonomy temporarily. Previously, decisions were autonomously made without external input. However, once family law cases enter the domain of a family court judge, they can significantly influence the family’s future trajectory. This realization may pose a challenge for families accustomed to independent decision-making without external interference.
Financial Considerations in Family Law Cases
Next, you have to consider the financial difficulties that often come about due to a family law case. I am not here to tell you that a family law case will bankrupt your family or put you in a financial hole that you will never be able to dig yourself out of. However, the reality is that family law cases make cost money, even if you don’t hire an attorney. The money associated with a family law case could ordinarily fit other things for your families, such as food, clothing, or even college tuition. An item in your budget will have to go into effect for the duration of your case in the period following for lawyers‘ costs, court costs, and any other miscellaneous costs like childcare.
Another consideration that you need to make as you begin your family law case would be regarding the time commitment necessary to follow through with the family law case. Undoubtedly, the financial concerns of a family law case may be paramount in your situation. However, something you have to consider simultaneously is that you can always make more money. There are always ways to make money and, in the worst case, to borrow money to pay for the costs of a divorce or child custody case.
Importance of Professional Representation
On the other hand, time is a resource that you cannot get back. With that said, you should consider how important it is to hire a divorce attorney to represents you in your family law case. The fact of the matter is that most people see hiring an attorney as something that will cost them money; it is undoubtedly true that most family law attorneys you hire will charge you for their time and experience in representing you. However, I recommend that you look at hiring a family law attorney as something that can save you money both in actual dollars and in time.
First off, you need to consider how important it is to get your divorce or child custody case right the first time rather than to have to go back and retrace your steps to correct mistakes. Many of the people that hire our law office to represent them in a divorce or child custody case began their case representing themselves. While it is certainly possible to represent yourself in a child custody or divorce case, I would ask you whether or not it is worth the effort. Do you work in your car? Do you fill your cavities? These are relevant questions to ask in a space where you probably do not have expertise.
Financial Considerations in Divorce and Child Custody Cases
Correcting mistakes consumes time and money. Moreover, divorce or child custody matters often involve financial aspects. The expenses incurred in filing for divorce and pursuing the case may pale in comparison to the financial repercussions of issues like spousal maintenance and child support. It’s essential to recognize that a divorce essentially functions as a business transaction masquerading as a family issue. It’s crucial not to overlook this fact.
Another consideration for you is that it is a huge time commitment to move forward with the family log case. There are so many components to a typical family law matter that all the Internet research and library time in the world could not substitute for the experience and know-how of a family law practitioner. Even if you were able to learn the Texas family code, the rules of Civil Procedure, and any other rule that corresponds to a family law case, you would never be able to develop the experience in the know-how of an attorney who has been there and done that in the world of family law.
Balancing Life Responsibilities with Family Law Cases
All the while, your life will be going on regardless of your family law case outcome. Think about how your work, children, hobbies, and health might be affected by your decision to proceed in a Texas hog case without legal representation. Can you honestly tell yourself that you have the time to commit to a family law case in addition to all of your other responsibilities and activities? That is the true question that you need to ask yourself. It’s not a matter of whether or not you are intelligent or committed to doing a good job in your case. The real question is whether or not you have the time to do so. The second question you need to ask yourself is whether or not you’re willing to let other areas of your life slide to devote more time to your family law case.
How to approach your child custody or divorce case when your kids aren’t happy
Apparent like yourself who is going through a difficult child custody or divorce case how’s the decision to make. As a parent myself, I can completely see how you would be motivated to do something to make your kids happy amid the immediate aftermath of a family law case. He may feel guilty that you have brought this kind of stuff into your child’s life and are motivated to want to do things that will make your children happy. This will be a normal reaction but is one that I’ve seen backfire on many parents.
Trying to parent from the perspective of making your children happy is oftentimes very difficult. For one, very important, the needs and wants of your children change over time. What your child needs and wants at age 5 will most likely be very different from their needs or ones at age 10. As a result, children cannot understand what is in their best interests, especially during a time of transition in their life, like a family law matter. Rather, children are trusted by adults like yourself to make decisions that are in their best interest.
Navigating the Impact of Family Law Cases on Children’s Lives
The result of a family law case is rarely something entirely palatable for a child. While there may be elements of a parenting plan or visitation schedule that appeals to a child, your child will most likely 1/2 stick to what they know and continue to do what they have always done as far as being able to see both you and your other parent whenever they would like. However, the reality of a family law case is that this isn’t possible. Not only will you be making transitions in your life, but your children will, as well as their expectations and ability to build a relationship with both parents.
You will inevitably run into a circumstance where your child is not happy with either you or your other parent. This may result from something organic in the maturing process, such as occurs in the teenage years period or something more nefarious may be a footwear parental alienation from a Co-parent has driven a wedge between you and your child. It is up to you as a parent to do whatever kind of investigative work you can to determine the source of this conflict and to root it out as much as possible as quickly as possible. The future of your relationship with your child may depend on it.
Prioritizing Your Child’s Best Interests in Family Law Cases
Otherwise, it would help if you considered what decisions you made in your family law case and how they will impact your child in the future. The entire point to any issue regarding your child in a child custody or divorce case is to make decisions that will reflect your child’s best interests. Sometimes your child’s best interests in your desires line up nicely. In other cases, what is in your child’s best interests may not be exactly what you want to see happen. It is a loving and forward-thinking parent who can distinguish between the two and make decisions and negotiate in a way that will primarily benefit the child.
So, as you sit at the tail end of a divorce child custody case, what can you do when your child expresses apprehension, frustration, or any other negative emotion towards a Visitation schedule? Should you always give in to what the kids want? Should you ignore the kids completely and disregard their feelings on the subject? Is there a middle ground to be found in this area? Read the rest of today’s blog post to find out more.
Doing what the kids want may find you in hot water with your family court judge.
What your kids want may be in direct violation of your family court orders. For example, let’s suppose that your children live with you during the week of the school year. The weekend is fast approaching, and your children have told you that they do not want to see your ex-spouse for a weekend Visitation. You responded that the court orders mandate that the kids go to your ex-spouse’s house from Friday evening to Sunday evening. However, the kids don’t seem to care what a family court judge told you last year about your life. Your call is critical to us and will be; as a result, they’re perfectly willing to disregard the court order at fidelity.com if it means being able to do what they want at the moment.
You have a decision to make. You can choose to listen to your child’s wants and not make them available to see your ex-spouse at the preset time and location for Picking him up. This would do a couple of things. The first is that it would upset your ex-spouse. He has gone out of his way to pick your child up from your home after working on Friday. He eagerly anticipates spending time with your child all week and will be upset if denied visitation.
Legal Implications of Noncompliance with Visitation Orders
The next thing that listening to your child will do in this regard is that it will put you in direct violation of your final decree of divorce when it comes to making your child available for Visitation over a set period. When you purposely do not follow a court order, then you are in technical violation. If the court deems the provision on visitation clear and understandable, you risk facing consequences in a potential enforcement case filed by your ex-spouse. Violations of a court order can result in fines, attorney fees, and jail time in extreme cases.
Finally, I would mention that listening to your child as far as their immediate wants and needs are concerned when it comes to Visitation may not even cause your child to be happy. I think it’s safe to say that you as a parent have encountered times where you thought you were doing something that would make your child happy, but it turns out your child thank you for calling Fidelity Investments was no happier after you did something than they were before.
Making Sound Decisions for Your Child’s Well-being
Fidelity.com I think this goes back to what I was mentioning earlier: your child doesn’t know what makes them happy, but it’s more or less just making decisions based on their emotions. We as adults know from experience that making decisions based purely on emotion can oftentimes lead you into trouble. Rather, making decisions based on reason, experience and emotion typically lead to better outcomes. Listening to your child and allowing your emotions to override a comprehensive view of your life is a recipe for trouble.
I recommend speaking to your child directly, at an age-appropriate level, about their concerns over Visitation issues. I do not doubt that many children have legitimate concerns over Visitation problems that arise immediately after a family law case. In most family law cases, children are not directly consulted by a court before orders are determined. Consequently, your child may feel excluded and disregarded, especially if they are older. Many older children crave being involved in the process and feeling like they are part of it.
Balancing Parental Authority and Child’s Input in Family Law Cases
However, you have to balance these concerns against the reality that your child is a child and that you are an adult. Allowing your child to dictate to you the terms of your life is not a great precedent to set, in my opinion. Additionally, consider the time, money, and energy spent in getting through your family law case. Did you go through all that trouble to have your child change the outcome after the case is already done? Thank you for calling in a way; it would have been simpler for you to have your child represents you in the divorce than to have hired an attorney in the 1st place.
If there are legitimate concerns over some aspect of your visitation schedule, then you should consider speaking to an experienced family law attorney about modifying your prior order. Depending on the length of time between speaking to the attorney and the rendition of the order, you may be in a position where you could realistically file a modification case and then work to negotiate a modification that suits your family better directly with your Co-parent. Before doing so, however, it is certainly advisable to work with an experienced family law attorney to help guide you through this process in your post-divorce or post-child custody life.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law and how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
- The Secrets to Creating Successful Texas Parenting Plans
- What Are The Three Types of Co-parenting?
- What is Conflicted Co-Parenting?
- The Texas Co-Parenting Playbook: Strategies, Tips, and Resources for Divorced or Separated Parents
- Understanding the Role of Parenting Classes in Texas Divorce Law
- Devising a Fair & Workable Child Custody Holiday Schedule in Your Parenting Plan
- Custody case parenting plan
- How old does a child have to be to refuse parenting time with the noncustodial parent?
- Parenting your children through a divorce: A family law attorney’s guide
- Texas Divorce and Virtual Parenting or Electronic Access to Children
Frequently Asked Questions
Yes, it is possible for a parent to regain parental rights in Texas, but the process can be challenging. Parents may need to demonstrate significant changes in circumstances and meet specific legal requirements.
An unstable parent in Texas may be someone who is unable to provide a safe and nurturing environment for their child due to issues such as substance abuse, neglect, or domestic violence.
Termination of parental rights in Texas is a serious and challenging process. Reversing such a termination is possible in very rare circumstances, and it typically requires strong legal arguments and evidence.
In Texas, the length of time a father can be absent before potentially losing his parental rights varies depending on the specific circumstances of the case. Courts consider factors like the child’s best interests.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.