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The idea of losing custody of your children is among the scariest realizations that a parent can come to. While you may want to do whatever you can to protect the interests of your child, there are also times when we as parents make mistakes. Depending upon the gravity of that mistake you may find yourself staring down a family lawsuit. Whether it means a reduction of time with your children or outright termination of your parental rights this is something you need to take seriously.
In today’s blog post from the Law Office of Bryan Fagan, we will focus our attention on the easiest ways for you to lose custody of your children. Again, losing custody does not have to mean outright termination of your parental rights. Rather, this could mean a reduction in parenting time or loss of primary conservatorship. In any event, you must have a plan for dealing with adverse circumstances within a family law case.
Contact the Law Office of Bryan Fagan if you are preparing for a family law case. Our licensed family law attorneys offer free of charge consultation six days a week. These consultations can be had in person, over the phone, or via video.
Best interests of the child
In any Texas family law case involving children, the best interests of the child standard make the biggest difference. This is the basis that any court must refer to when making decisions on behalf of your child. The best interests of the child’s standard require that courts consider the emotional, physical, and educational development of your child.
It is also presumed that you and your co-parent make decisions that are in the best interests of your children. Overall, it can be difficult to differentiate between what is in your best interest as a parent and what is in the best interests of your child. For that reason, being able to distinguish your interests from that of your child is critical. Many families struggle during a family law case because of conflicts in their interests and that of their children.
Analyzing your child custody case
In many ways, a family law case requires you as a parent to begin an analysis of the case so you know your position. If you are willing to work towards a good feature for your child, then the family law case should see you try and act as reasonably as possible when it comes to finding a middle ground for your child with your co-parent. This does not mean backing down from something that you believe in. However, if your past behavior has jeopardized your relationship with your child then this is absolutely something that you need to think about.
Neglect of your child
The Department of Family and Protective Services oversees investigations regarding abuse and neglect of children. First, let’s spend some time discussing neglect in a family law context. Neglect is placing your child into a situation where it is foreseeable that he or she could suffer harm. In the alternative, you can neglect your child if you fail to remove him or her from a situation where it is foreseeable that harm could occur. In short, not caring for your child in a basic way which leads to their harm can result in you being found to have neglected your child.
The state of Texas has multiple ways for people to make anonymous reports of abuse or neglect of children to the agency. From there, investigators will contact you or any other relevant person to collect evidence. Once an investigation is complete the agency will determine if additional steps need to be taken.
Those additional steps may include removal of your child from the home. This removal comes with primary conservatorship being temporarily placed in the hands of the state of Texas. Child Protective Services will work with you to regain custody of your child. There may be a defect in the home or an issue with your parenting that needs to be resolved. In any event, the ball is in your court when it comes to fixing these problems. The more receptive you are to the help of Child Protective Services the more likely you are to have your child returned home to you quickly.
Abuse of your child
By the same token, abuse of your child may also lead to you losing custody rights. Physical, emotional, or sexual abuse of your child are all investigated by Child Protective Services. The way that neglect is investigated, the agency will attempt to receive evidence regarding your situation. Whatever evidence can be found will be used to determine whether your child needs to be removed from the home.
Reunification is oftentimes the goal when it comes to a CPS investigation. However, if you do not cooperate with the investigation then a different result can occur. Specifically, following up on a parenting plan or safety plan with the agency is a major aspect of the investigation. Your failure to participate or to live up to your end of the bargain can result in a prolonged removal of your child from the home.
Having an experienced family law attorney to assist you during a Child Protective Services investigation is crucial. Families who struggle with investigations typically do not know how to proceed. Many circumstances can lead to temporary or even permanent removal of your child from the home. One of the ways to avoid this outcome is to work with an experienced attorney with the Law Office of Bryan Fagan. We have worked with many families in this position before. Our goal is to help you reunite with your children in a lasting and meaningful way.
Substance Abuse
Unfortunately, substance abuse is an all-too-common topic in the world of Texas family law. Families who confront issues of substance abuse in these cases tend to do so after a great deal of pain has already been suffered. Substance abuse in a family law context harms both parents and children alike. Alcohol, street drugs, and prescription medicine abuse are among the most common types of substances which are encountered in a family law setting.
If you suffer from an addiction, then it is not too late for you to confront those issues directly. First, you can make up your mind to admit that you have a problem. Once you admit that you have a problem then you can deal with that issue directly. Attending counseling, classes or therapy may be recommended for you. Reaching out to your primary care provider for assistance is always advisable. You may find that there are mechanisms in place that can help you overcome an addiction that you have been battling for years.
Finally, you should not give up hope that you will be able to accomplish meaningful goals in your family law case. Just because you are suffering from an addiction does not mean that there is no opportunity for you to have a meaningful role in the lives of your children. Rather, parents just like you can create important roles in the lives of their children. However, this almost always happens after you have taken responsibility for your actions. An experienced family law attorney can help you develop a plan that is geared toward recognizing your addiction and planning toward sobriety.
Example from a real-life situation
Recently, our office represented a mother who had been suffering from an addiction to prescription pain medicines for several years. She had hurt her back in a workplace accident and was now finding herself in a position where she could not live without the prescription pain medicine that she had been using for some time. The addiction was harming her physically and emotionally. Additionally, it was becoming a problem as it pertains to her parenting.
This is where our client was when we first met her. She was very much in agreement that something had to be done to help her address these issues with addiction in her life. Her main problem was that she did not know where to begin when it came to the addiction problems. In fact, in her mind, there was a stigma associated with treatment or therapy for these types of problems. Her feeling was that by trying to seek treatment she was admitting defeat.
With the help of her family and friends, our law office was able to help her find meaningful treatment for the addiction which had become crippling. While she had problems with an addiction to these painkillers, she was not able to fully execute her responsibilities as a parent. Now, she was more capable of working through these issues in a way that allowed her to better transition into a life as a co-parent. All of this was possible because she dealt with the addiction issue head-on.
Court order violations
Once you have either temporary or final orders in your child custody case it is important to note that these orders are not suggestions. Rather, these are instructions from the court on how to live your life as a parent. True enough, you may not agree with every aspect of those court orders. Many families find themselves in a position where they disagree with certain elements of the court orders. However, that does not mean that you can ignore something contained in those court orders because you do not agree with it.
Violating a court order is a serious matter. Number one, it shows your co-parent that you value your opinions more than the courts. This sets a bad precedent as far as the two of you not being able to agree on how to manage your life together as co-parents. The co-parenting relationship is based on mutual trust and understanding. When one of you steps outside those bounds it ultimately creates a situation where you both are going to struggle with the daily stressors and uncertainties of co-parenting.
If you are concerned with the possibility that you may disagree with your court orders, then it is important to take seriously the opportunity to mediate your family law case. Mediation is a circumstance whereby you and your co-parent work together to solve issues and settle your case together as a team. The mediator steps in to help you both fine-tune your arguments and create solutions to your commonly held problems. Mediation allows both of you to Take control of your case and make decisions that are best for your children.
Enforcement lawsuits
If you violate your court orders an enforcement lawsuit may be filed against you. An enforcement lawsuit seeks to provide the court with an overview of your specific violations of the order. Additionally, your co-parent can ask the judge for relief due to your violations. Examples of relief include back child support, makeup visitation time, and even jail time. Jail time is especially possible for violations related to missed child support payments.
Parental alienation
One of the most under-discussed yet important topics in family law is parental alienation. Parental alienation occurs when one parent attempts to use their position of trust with their children to harm the child’s relationship with the other parent. For example, if you were to consistently speak negatively about your co-parent then you would be engaging in alienating behavior. This type of behavior has the potential to severely harm your child from an emotional and relational perspective.
What makes alienation so difficult to keep an eye on is that it occurs outside of your presence. Now that you and your co-parent are sharing custody of your children, he has the kids without you present quite a bit. If either of you were to begin engaging in this type of behavior it could be difficult to regulate. For that reason, most court orders prohibit this type of language from being used in front of children. We know that parents want what is best for their children. However, at some points in time, a parent can overstep their bounds and harm their children.
If a court becomes aware of your alienating behavior, then that puts you in a position where you can lose time with them. Consider the possibility that your co-parent may file to modify your court orders based on your behavior. Instead of having primary custody, you may lose the right to determine your primary residence. On top of that, your son or daughter may stop listening to you. Alienating behavior is unbecoming of a parent and can potentially harm your relationship with your child.
Unstable or erratic behavior
When you are involved in a family law case, the court will look at your behavior from the standpoint of which parent can provide a more stable environment for your children. Courts only have your history as a parent to judge you by. If your past behavior has been erratic or unpredictable then reflects negatively upon you. Courts want you and your parents to provide stability and consistency for your children. If you are not able to do this then you will likely lose custody time with them.
If you have a history of erratic behavior, then there is nothing you can do to change that. However, what you can do in this type of situation is to plan to change your behavior moving forward. The best interest of your child places stability and consistency first. Showing in court that you can keep your children safe is a major part of this analysis.
Conclusion- how to maintain your parental rights in Texas
Parental rights are at the core of your relationship with your children. Being able to maximize the parental rights you have with your children is a huge part of Your responsibilities as a parent. As you work to understand How life is going to look after your family law case it is worth your time to consider What you can do moving forward to improve your position within the case. Remember that a court cannot look at what you are predicted to do in the future. Rather, a court could only base its decisions on what you have done in the past.
Working with an experienced family law attorney allows you to focus on your strengths but also improve upon your weaknesses. Thank you for spending part of your day today with the Law Office of Bryan Fagan.
Questions about today’s blog post? Contact the Law Office of Bryan Fagan
The attorneys with the Law Office of Bryan Fagan offer free of charge consultations 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. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.
