Tips to win your child custody case in Texas

Going through a child custody case in Texas does not have to be an impossible task. It may feel daunting to have to go through the rigors and stress I have a family law case. However, there are ways for you to be able to manage stress and look toward the future. Importantly, maintaining a focus on the best interests of your child can help guide and prepare you for whatever may come next in your case.

In today’s blog post from the Law Office of Bryan Fagan, we will focus our attention on tips regarding how to win your child custody case. However, you define “winning” as what you should aim your attention towards. Our attorneys walk alongside clients facing challenging circumstances each day of the week. Our attorneys have your back when it comes to supporting you through the challenges of a family law case. 

After reading today’s blog post if you have any questions please reach out to our office. Our experienced family law attorneys offer free of charge consultation six days a week. These consultations are low-pressure environments where you can ask questions and receive feedback. Learning about how your case interacts with the law is one of the most important steps you can take to prepare for success. With that said, let’s discuss how you can ready yourself for a child custody case.

Preparation for a child custody case

It is possible to wander into a child custody case. However, it is much more difficult to wander out of one without any meaningful goals having been achieved. The difference between merely existing in a child custody case and achieving goals depends upon your level of preparation. Take it upon yourself to prepare thoroughly for your case. Depending upon the circumstances relevant to your situation that preparation may look different. For instance, in a child custody case where primary conservatorship is at issue, you need to be able to show a court that you have experience in caring for the daily needs of your child. Evidence of attending parent-teacher conferences, helping with homework, and taking your child to the doctor are helpful.

Preparation can also look like helping a judge better understand how your atypical work schedule can function in a child custody scenario. Working as an emergency medical technician or nurse may cause you to have work hours that are at odds with your child’s school schedule. However, creative thinking and planning can help you to avoid issues when being assigned custody rights. It takes having a plan and being diligent when you are coming up with solutions to the problems of your case.

Having never gone through a child custody case before, you may not know what diligent preparation looks like in this context. That is where an experienced family law attorney comes in. Allow the attorneys with the Law Office of Bryan Fagan to walk alongside you in this process. We know what it takes to help parents just like you put their best foot forward in a child custody case.

Maintain a strong relationship with your child

It is easy to lose sight of what matters most in your child custody case. While you go through the numerous steps involved with preparing for a child custody case you also need to pay close attention to the needs of your child. No need associated with your child is greater than remaining close to you emotionally and physically during the case. As difficult as this child custody case is on you imagine how difficult it would be for your child. He has none of the life experience that you do to put this case into context. 

Additionally, he has no control over the direction your case goes in. It is a helpless feeling to be in the position of your child in a situation involving a family law case. As a result, this puts a great deal of pressure on you to maintain a relationship with your child throughout the case.

This may not be easy. For one, you may have less favorable visitation or possession orders within the case than you would have liked. Many parents are not immediately able to have the time with their children that they prefer. It may take you some time to regain time lost with your child. In any event, whatever your possession and visitation orders are you need to take advantage of them. Make sure that you spend time with your child. Put away your phone and place the focus on your child. He or she wants nothing more than to spend time with you.

Talk to your child about the case. Put the case into perspective in a way that he or she can understand. Answer questions and then listen. Your child can share insights with you about their perspective and concern about the case. The more patient and attentive you are to the needs of your child the better the outcome for your family.

Demonstrate stability

In a competitive child custody case, being able to display stability to a court is a major factor. Although most child custody cases are settled before having to go see a judge you should prepare as if a trial will be necessary. In a contested child custody case both you and your co-parent will attempt to show that each of you is uniquely suited to act as a primary caregiver. However, if you are not able to show a judge that your home environment is stable then you have an uphill battle to wage.

One thing you can do during the child custody case is to remain employed. This means that you must place some focus on your job. Taking off excessively, or even trying to look for new employment during the child custody case may be a mistake. Rather, use this time to circle the wagons and focus on maintaining employment. You never know what direction your case will take. There’s no telling how the case may change from moment to moment. Having a stable place of employment can solidify your position.

Even if you are living in temporary housing, such as with a friend or relative, that does not mean you can’t have a well-developed plan for permanent housing. Make a pact with yourself that whatever your circumstances are in temporary housing they will remain only temporary. Trying to win primary conservatorship of your children when you are living in a friend’s living room is not a good position to be in. It is better to balance finances and stability when it comes to the best interests of your children.

Avoid negative behavior

Family law cases are known to bring out the worst in people. Being able to sit alongside clients and their opposing parties every day, the attorneys with the Law Office of Bryan Fagan can tell you that it is not uncommon to see people act in ways that are likely out of character for them. The stress and anxiety of child custody cases are especially significant. Parents in your position have a lot of uncertainties when it comes to a given case. On top of that, the rest of your life keeps moving with little you can do to slow it down.

It may feel good in the moment to say or do something that relieves stress. Whether it be going to social media to say something about your opposing party, having a bit too much to drink at night or even making an off-color remark to your child these are understandable behaviors. However, that does not mean that you should not regulate your behavior as closely as possible for the duration of your family law case.

Your behavior is being scrutinized closely by your opposing party and the court. When the stakes are high in a family law case you need to be able to confidently make decisions that are in the best interests of your children. Alienating your children from your co-parent is not in their best interests. Not regulating your daily habits is not in the best interests of your children. Focusing on your family, your work, and your case certainly is in the best interest of your children. Bear this in mind as you begin your child custody case.   

Communicate clearly

Something that I like to tell clients regarding their co-parenting relationship is that very few people are born effective communicators. In most cases, it is quite the opposite. You and your co-parent may struggle in terms of your co-parenting relationship. Communication may be at the center of the struggles that you all have together. 

Trying to improve your communication skills during a child custody case is not an ideal situation to find yourself in. We have already covered the problems that many people have in working together to behave as a team during a case. Simply not falling into the trap of bad behavior is hard enough. Trying to actively improve a difficult skill like communication is an even bigger challenge. However, that does not mean that you are not up to that challenge.

It takes being willing to work alongside your co-parent. You may have to agree to disagree on various subjects. It is not easy to work alongside a person that you do not see eye to eye with. That doesn’t mean that this is something that you can afford to ignore or focus on any less. The better you can communicate with your co-parent, the better your relationship will be.

For instance, have you attempted to learn your parent’s preferred communication style? If you are continually trying to call your co-parent during the day when she prefers to receive emails, then you start in a weaker position. Rather, make a concerted effort to talk to your co-parent about their preferred methods of communication period from there, respectfully towards communications. Assume that anything you say to your co-parent will be brought up in court in the future. This will keep you on your best behavior.

Follow court orders

One of the most significant changes in your life after the child custody case begins is the need to adhere to court orders. As a parent, you are used to being able to see your children whenever you want. That changes once you go to court. From the very beginning of your child custody case, there will be temporary visitation and possession orders that go into effect. These temporary orders are geared towards helping your family best manage the time associated with your children. It brings about stability and consistency in the life of your child. In short, these court orders are geared toward the best interests of your child.

Remember this when you are ever tempted to violate those court orders. Bear in mind that these court orders are not suggestions or recommendations. Rather, they are something you absolutely must follow. Failure to follow a court order may result in less than favorable outcomes for you and your family. This includes facing enforcement cases both during and after your child custody case comes to an end.

Aside from any legal consequences, violating court orders shows your co-parent that you do not respect their time and their presence in the case. As you attempt to build a stronger co-parenting relationship one way to do so is to always display a proper amount of respect for the other person. Begin by learning your court orders and then following them. Doing this helps your family in multiple ways. Your child benefits from the stability it creates. Additionally, you are better equipped to co-parent during and after your family law case.

Seek experienced representation

As you can see, there is a lot to keep your eye on during a child custody case. One of the challenging aspects of a family law case is that the rest of your life does not stop just because you are going through a family law matter. Rather, your work, life, and social responsibilities still matter. It is not as if you can stop coming to work because of the family law case. As a result, you can be made to feel as if you are being spread quite thin as a result of the family law case.

This is where an experienced attorney can assist you a great deal. An attorney understands the law and how the law impacts you and your family. The specific circumstances of your family are unique. Therefore, you cannot necessarily assume that your child custody case will proceed in the exact manner that your neighbor or best friend’s case has. Being able to rely upon the advice of your attorney is a critical part of your case. Parents who lack representation are at a significant disadvantage when it comes to a family law case.

The attorneys with the Law Office of Bryan Fagan know how to advocate for your interests. Our attorneys will provide you with information based on your specific circumstances period from there, you are empowered to make decisions in your case. Attorneys do not make decisions for their clients. Rather, we positioned you to make well-informed decisions.

Display your involvement in the life of your child

In any child custody case, there are many hotly contested issues. Perhaps the most hotly contested is that of primary conservatorship. You and your co-parent may both attempt to win primary custody of your child. This means your child would be with you during the school year. Additionally, you would have the advantage of being able to make decisions either independently or exclusive of your co-parent. In short, winning primary custody equates to the “full custody” goals of many parents and a child custody case.

With that said, you need to be able to provide evidence to show a court why you should be named as the primary conservator. Much of the decision regarding primary conservatorship will depend upon your history as a parent. For example, if you have not acted as the primary caretaker of your child before then it is difficult to win that designation in a child custody case. This does not mean that you are a bad parent or neglectful. However, it does reflect the reality of your family, but this is not the role that you have played. 

Collect any documents that you can which we discussed earlier in this blog post. Proof of your attendance at parent-teacher conferences, sporting events, and doctor visits is a good start. Be sure to have a parenting plan arranged which shows that you can be present after school when the children are ready to come home. This level of involvement is what it takes to win the primary conservatorship of your child.

Questions about the material contained in 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.