Child custody cases can be complex and emotional. Being able to sort through all the relevant issues takes time, as well as a thorough understanding of Texas family law. Unfortunately, the emotions associated with child custody cases can make it difficult to see a case. Having an attorney provides you with the ability to see through the fog of a case and focus on what matters most. Importantly, the expert tips that an experienced family law attorney can provide assist more than anything else when it comes to achieving favorable results.
In today’s blog post from the Law Office of Bryan Fagan, we are going to discuss expert tips that can help you succeed in a Texas child custody case. Our attorneys have stood side by side with many clients who are in your position. Optimistic about the future but worried about the present. A child custody case carries with it emotions and anxieties which are completely understandable. A free-of-charge consultation with one of our experienced family law attorneys is available six days a week.
What matters most in a Texas child custody case?
The first bit of expert advice in today’s blog post has to do with focusing on what matters most in a Texas child custody case. In Texas, the best interests of the child is a standard that is applied to any family law case involving children. The best interests of the child standard incorporate consideration of your child’s physical health, safety, and educational development. Your ability to parent your child and your co-parent’s ability to do the same is also critically important.
One of the difficulties associated with a Texas child custody case is that your best interests and those of your child may not be the same. As parents, we can sometimes function under the assumption that what is best for you is also best for your child. In some cases, this is true. However, in some circumstances, your child’s interests may diverge from your own. What is best for your child may not be what you want to see happen.
In child custody cases this is a realization that comes with difficulty for many parents. Some moms and dads want things their way but fail to consider what matters most is their child’s best interests. However, the more fully you can embrace the best interests of your child the more likely you are to negotiate an equitable settlement on behalf of your children. Talk to the Law Office of Bryan Fagan to learn more expert tips that can assist you in your child custody matter.
Finding evidence to support your positions within the child custody case
The initial document filed in a child custody case is known as a Suit Affecting the Parent-Child Relationship. If you are planning on initiating a child custody case, then this is the document that must be filed first. Among other things, it contains a rundown of all the requests you are making in your case. Primary conservatorship of your child, visitation schedules, and child support are all examples of areas commonly touched on in your child custody petition.
It is simple enough to make requests like this in your child custody case. However, the difficulty lies in being able to present evidence to the court. In other words, you must be able to substantiate the requests you are making with evidence. Evidence in a family law setting can be documents, testimony, or even digital. Increasingly, text messages and social media posts are critical in making a strong argument.
How can a family law attorney help you?
An experienced family law attorney can greatly assist you when it comes to your child custody case. Presenting evidence in a courtroom is not as simple as heaping a pile of documents on the Task of the judge. Rather, there is a process involved with introducing, offering, and admitting evidence into the record.
The attorneys with the Law Office of Bryan Fagan have the experience that you need to guide you through a child custody case. Part of presenting your case well is knowing how to Collect evidence. Talk to an attorney with the Law Office of Bryan Fagan about this step.
Expert child custody tip- be prepared to co-parent effectively
On many levels, the desire to co-parent probably is not that significant. In many ways, it is reasonable to want to never interact with this person. However, the reality of the situation is that you need to be able to co-parent effectively both during and after a child custody case. Your child relies upon your ability to work well with your co-parent. The presumption is that your child benefits by having you and your co-parent in their life.
You and your co-parent are going to work together over the next few years to raise your child until he or she reaches 18. In that time, it makes a great deal of sense for the two of you to work together towards a better relationship. The better your relationship is with him or her the more likely your child is to benefit. The attorneys with the Law Office of Bryan Fagan will tell you that the parents who are best equipped to raise children after a child custody case are those two willing co-parents.
More effective parenting begins with communication. If you and your co-parent work together towards improved communication the quality of life for your child increases. This also benefits you and your co-parent. Ultimately, each of you is better off when you can rely on the other person to assist you in raising your child as a team. Much of the time, this improved communication can occur simply because of making a concerted effort towards communicating more freely with one another.
Co-parenting tip: be direct with your co-parent and communicate any problems
One of these significant issues that parents tend to have during and after a child custody case is an inability to communicate concerns with their co-parent. This does not mean that parents are unable to express frustration with one another. Rather what it means is that parents are often unable to clearly express themselves and their expectations with a co-parent. This impacts your child in several ways. Most notably, it can create many issues when it comes to the daily life of your child.
Let’s consider a situation where your child has been having disciplinary issues in school. As your child’s primary conservator, you have understandable concerns about his behavior. With that said, you have decided to take that approach geared towards discipline at home to help your child perform better in school. After a few days of tough love at home you believe, you were trying to see improvement with your child’s attitude. However, your concern is that your child will lose all this momentum once he goes to see his father. How can you avoid a disruption to the discipline when a visitation exchange occurs?
Communicating your expectations and concerns to your co-parent is a good start. This does not mean that you will experience a huge change in your parent’s perspective immediately. However, by communicating clearly with your co-parent you are better equipped to handle any issues that may arise in the life of your child. Talk with an attorney at the Law Office of Bryan Fagan about your concerns and communication and co-parenting.
Pay attention to your parenting plan
In a child custody case, the parenting plan is a critical element. A parenting plan sets forth the framework for visitation and possession of your children. As far as helpful information is concerned, so much of your case can be improved simply by understanding your parenting plan. For example, when it comes to child custody cases there is ample opportunity for disagreement or misunderstanding regarding your possession and visitation orders. Many families get into arguments and even wrongfully withhold possession due to misunderstandings.
Once you have negotiated for a parenting plan make sure to thoroughly read through the plan. The better you understand your plan the less likely you are to misinterpret or misunderstand a provision. In turn, you can avoid unpleasant situations involving missed visitation and hurt feelings. It is not uncommon for parents in your position to think that they add an extra day or weekend here and there. Only to find out that the parent was simply misunderstanding the court order this entire time.
It is helpful to always have a copy of your parenting plan handy. At the Law Office of Bryan Fagan, we recommend to parents that they have a physical copy in the home as well as a digital copy available on their computer or phone. This provides you with ample opportunity to Refer to the document when you have questions. In the event of a disagreement with your co-parent, you can easily review the language for reference.
Mediate, don’t litigate
One of the most helpful tools for a family during and after a child custody case is mediation. Mediation involves you and your co-parent agreeing to use the services of an experienced mediator. In mediation, you and your co-parent submit your issues and negotiate with the assistance of the mediator. The mediator is not there to give advice. Rather, the mediator helps by communicating settlement offers and providing additional information and context. From there, you and your co-parent can consider your circumstances and make settlement offers.
It is very easy in a child custody case for you and your co-parent to disagree on various issues. The process involved with child custody matters lends itself to disagreement and animosity. However, by utilizing creation you can potentially avoid major disagreements that may otherwise lead you to the courtroom. As experienced family law attorneys, the Law Office of Bryan Fagan can tell you that going to court not only costs time but also money.
Read through your child custody orders. You may find that you are required to mediate your case before filing a modification or enforcement lawsuit. Doing so allows you to avoid unnecessary trips to court. Certainly, if you and your co-parent can solve your issues related to the child custody case without going to court that would be for the best. Consider reaching out to the Law Office of Bryan Fagan. Our experienced family law attorneys know how to help parents in your shoes.
Show the court that you care
It may come to surprise you that in many child custody cases, one or even both parents do not display a high level of care for their children. Hopefully, that is not the case in your situation. However, you can quickly your competency as a parent by providing evidence of your involvement in the life of your children. In a circumstance where primary custody is at stake being able to show that you have acted as the primary caretaker of your children is important.
For example, proof that you have been the parent who takes your child to extracurricular activities, doctor’s appointments, and anything else like this can be critical to your success. It is not only good intentions that can help a parent win primary custody of their children. Instead, a court would look at your history as a parent. What role have you played in the life of your children to this point? Have you ever acted as the primary caretaker for the kids? If not, then you may have a difficult time winning primary custody in a child custody case.
Speak to an experienced Texas family law attorney about how to present evidence of your history as a parent. This is where the Law Office of Bryan Fagan excels. Our attorneys are experienced and knowledgeable about the intricacies of Texas family law. We understand how to offer and have admitted evidence that is important to your case. Additionally, we can help you by providing you with advice on how to best obtain information that may make a critical difference in your child custody case.
Do not engage in parental alienation
One of the most harmful acts that you can participate in as a co-parent is parental alienation. Parental alienation involves you saying and doing things in front of your child which harms their relationship with your co-parent. The most common type of parental alienation is bad-mouthing your co-parent.
This can range from sharing unflattering information about him or her or making up lies. In any event, the bad information goes into the mind of your child. From there, your child’s imagination can often get the best of him. This ends up being extremely debilitating to the co-parenting relationship.
Additionally, parental alienation can be incredibly difficult to defend against. The reason for this is that you are never around when the alienating behavior begins. Your co-parent speaks poorly of you in front of your child. Meanwhile, you are nowhere near to defend yourself or provide a counterargument.
If you notice that your child is acting differently around you it may be a result of parental alienation. Instead of trying to badmouth your co-parent, take a different approach. You can ask questions of your child about what their concerns are. If your child discloses any kind of information about parental alienation you can choose to correct that Eileen knitting language.
Final thoughts on Texas child custody tips
A child custody case offers parents like you a tremendous opportunity. That opportunity is based on being able to form your child in your image. Although you may not be able to spend as much time with your child as you would like you still have ample opportunity to affect how he or she is raised. Your actions in co-parenting go a long way toward helping model good behavior for your child.
Being an effective co-parent means having a willingness to communicate with your co-parent. Even if you’re co-parent does not appear to be a willing participant in the conversations you can still put your best foot forward. Many parents in your shoes are surprised to find that their parents eventually will follow suit. However, you may need to make the first effort and extend an olive branch.
Working with an experienced family law attorney can go a long way toward helping you maximize the potential of your co-parenting relationship. The attorneys with the Law Office of Bryan Fagan excel in helping parents just like you create court orders that place the focus on the best interests of your children. Thank you for joining us today here on our blog. We post unique and informative content seven days a week here.
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.
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
