Common Myths about Custody in Texas

There are a range of misconceptions about custody in Texas. Of the common myths about custody, you are likely to hear many of them have to do with the daily schedule of your child. Who will your child live with primarily? What sort of visitation rights will the other parent have? These are the kinds of questions that cut to the core of the parent-child relationship. Understanding these questions and the answers related to them will help you determine the future of your relationship with your child.

However, there are a range of additional common myths about custody in Texas. We will cover those today in this blog post from the Law Office of Bryan Fagan. Specifically, how these common myths about custody in Texas can impact you and your family moving forward. Understanding the answer to these questions will help you more diligently prepare for your case. Having a plan and understanding the likely outcome of your case can best prepare you for whatever circumstances you will encounter.

Any questions you have about the material contained in today’s blog post can be addressed to the attorneys with the Law Office of Bryan Fagan. Our experienced family law attorneys offer free of charge consultations six days a week. No matter where you are in Texas, an attorney with the Law Office of Bryan Fagan is close by. We can help you and your family to identify potential problem areas in your case. From there, you can gain a better understanding of what you are likely to encounter by speaking to one of our attorneys.

Myth #1: Mothers always win custody

There is a critical misconception that many parents have about custody cases in Texas. Namely, this common myth about custody in Texas centers around mothers always winning custody. Many parents enter a custody case if the mother will always come out on top. This has several consequences for the case itself. For mothers, you may walk into a case with overconfidence. For fathers, you may walk into the case overly pessimistic about your chances of being named primary conservator, for example.

The law in Texas does not specifically favor mothers or fathers. Rather, the family laws of Texas explicitly do not give preference to either moms or dads. The law takes into consideration the needs of you and your family. Specifically, the best interests of your children are considered. However, that does not mean that mothers hold any kind of advantage in these custody scenarios. The law treats mothers and fathers equally and instead considers the specific circumstances of your family.

With that said mothers may more frequently be able to win in a child custody case due to the circumstances of their family. Specifically, courts will be concerned with the role that you and your co-parent have played to this point in the life of your child. Since mothers are more frequently the primary caregiver of the child that positions them better in a child custody determination. For example, being the primary conservator of your child means taking your child will live with you on a primary basis. If this is not a role that you have ever filled for your child, then it is unlikely that you would be named as the primary conservator in the child custody case.

Myth #2: Custody decisions are based solely on parental fitness

In a child custody case, it is tempting to believe that the only thing that matters is how you have fared thus far as a parent. While this is certainly an important issue it is not the only consideration for a court. Rather, the court must primarily consider the best interests of your child and then work its way outward. 

Part of the best interests discussion relates to parental fitness. It is presumed, for example, that you and your co-parent both make decisions that are in the best interests of your child. Until it is shown that you are not able to make decisions that can help your child you are in a prime position to do so. Parental fitness matters when it comes to determining custody issues for your child. However, there are additional considerations to be mindful of, as well. 

Make sure that you have evidence of your fitness ready to present to a court. Talk with your attorney about how to prepare evidence for courtroom purposes. It is not as simple as handing a judge every document or digital file that you have access to. Rather, you need to read the evidence you plan to offer. Working with an experienced family law attorney with the Law Office of Bryan Fagan is one way to do so. We know how complex this child custody analysis ends up being. Fortunately, our attorneys have the knowledge and experience to guide your family. 

Myth #3: A parent’s income influences custody decisions

One of the more damaging myths that some parents hold related to custody in Texas is that income matters more than any other factor. For example, consider a situation where you earn much less money than your co-parent. As a result, your co-parent has made it clear that she intends to push her primary custody of the children. This is true even though she has never been the primary caretaker of the children and has a busy work schedule.

The reality of the situation is that income can play a role in determining custody outcomes. Certainly, if you lack consistent income then that should be a factor that a court looks to when determining custody issues. However, if you have sufficient income to provide for your minimal basic needs and that of your children it will not be the predominant factor. Many parents enter a divorce in difficult financial straits. Exiting the divorce in an advantageous position financially may not be possible. That said, there are options for you to consider if you are in a difficult position when it comes to money.

Suppose you are a parent who wants to be able to win primary custody of your children. You have always acted as the primary conservator to this date. One of the main concerns that you have with your divorce is not being in a financial position to care for your children moving forward. Simply put, you have always been a stay-at-home parent who relied upon your spouse’s income to pay bills and other household matters. Now, your husband has filed for divorce, and you have concerns about your ability to care for your children moving forward.

Solidifying your finances during and after a Texas divorce

Because you are concerned about finances you decide to meet with an attorney at the Law Office of Bryan Fagan. You expressed that your most significant worry has to do with not being able to afford to take care of your children on a primary basis. As you read more about life after divorce and consider your financial situation it has become apparent that you have legitimate circumstances to think about when it comes to your money. Is there anything that can be done to help you make ends meet in the time after your divorce?

When it comes to common myths about custody in Texas, concerns over money Are among the most pervasive. If you do not have the financial resources to care for your children on a primary basis can be something that impacts your entire strategy for your case. Why put forth the effort to make a push for a primary conservator when you don’t have the resources to do so? It is a self-defeating premise when you do not have the right information about finances.

Fortunately, spousal support is possible during and after a divorce. Temporary spousal support during the divorce is intended to help you get your feet underneath you. This gives you time to complete a degree or find suitable employment. On the other hand, spousal maintenance contractual alimony or forms of post-divorce spousal support can help you financially. Some conditions must be in place for this support to be awarded. Working with an experienced family law attorney is a great way to work through any concerns you have about finances and divorce.

Myth #4: Custody is all or nothing

One common myth about custody in Texas that many parents hold relates to custody being all or nothing. This myth boils down to a parent believing that, for one reason or another, you can either win complete custody of your child or lose the opportunity to spend any time with him or her. Parents can work with one another to negotiate a range of outcomes when it comes to custody.

As you prepare for your child custody case you can consider the specific circumstances of your family. For instance, depending on your schedule you may not be able to act as the primary conservator of the children. This occurs with great frequency when a parent works as a first responder or in the medical field. However, with the right amount of creativity you and your co-parent can create custody outcomes that are advantageous for everyone. Consider that you and your co-parent are given the means to negotiate on a wide range of custody topics. This is not something that the court determines for you.

This should give you reason for optimism. One of the many concerns that parents have heading into a child custody case is that the court will determine all the important areas of the case for your family. On the contrary, parents like you and your co-parent are given every opportunity to negotiate these important areas of your child’s case. It is only when the two of you are unable to come up with solutions that a court will intercede and decide issues like visitation and custody.

The importance of experienced family law representation in Texas custody cases

Without a doubt, having an experienced family law attorney by your side can help a tremendous amount in a Texas child custody case. Having options in a child custody case is a good thing. However, the potential benefits of these options cannot be felt by you or your co-parent until you are aware of them. This is one of the issues people face when it comes to myths about child custody in Texas. Namely, that there is a lack of good information available. This is true even though the internet exists as far as preparation and research are concerned.

Choosing to work with an experienced family law attorney is not a decision that has to set you back financially. Certainly, hiring a family law attorney is an investment. There does need to be a plan in place when it comes to deciding to hire a lawyer. That does not mean that you and your family must accept a great deal of financial uncertainty as a part of hiring an attorney. Rather, you can plan and think about what options work best for you when it comes to hiring an attorney.

Contact the Law Office of Bryan Fagan today to learn more about how our office approaches child custody cases in Texas. We know that it is a major decision to hire a lawyer. This is a responsibility that our attorneys take seriously. When it comes to selecting the right attorney for your case this is something that you should not take lightly. Reach out to an attorney with the Law Office of Bryan Fagan to schedule a free-of-charge consultation with one of our attorneys today.

Myth #5: A custody order can’t be modified

Child custody orders can be changed in Texas. And proposed modification must be based on a material and substantial change in circumstances. Additionally, the requested modification must be in the best interests of your child. When both circumstances align you may modify a court order. However, keep in mind that modifications are not easy to win. Courts are hesitant about modifying court orders unless there is a good reason for doing so. Consider the benefits of working with an experienced family law attorney to modify court orders in the future.

Myth #6: Only serious issues can lead to custody changes

Of course, how you define a serious issue is up to you. In the minds of many parents, however, a serious issue involves the health and safety of your children. What you need to know about child custody modifications in Texas is that they can be based on a range of circumstances. The key to understanding this is that the change must be based on a material difference in circumstances now compared to when your order was first issued. Many different circumstances could merit a modification.

Changes in the work schedule can necessitate a modification. Suppose that you we’re having to stay later at work each day of the week. This would make a 6:00 PM pickup of your children on a Friday impossible. Rather than trying to make a square peg fit in a round hole, it is better to try and modify the order. This way he will have an order that matches up with your specific circumstances. As you can see, this modification does not relate to health or safety but is nonetheless important for your children.

Myth #7: Custody battles are always long and expensive

Does your Texas child custody case have to be long and expensive? Certainly not. Certainly, child custody cases can be long and expensive. The attorneys with the Law Office of Bryan Fagan will tell you that long and expensive child custody cases are not out of the ordinary. However, parents can make decisions within the case to minimize the length and expense of a child custody case. You need to be intentional about how you approach the case and have a plan for how you seek to go about furthering the best interests of your children.

Negotiation is the key to minimizing the length and expense of a Texas child custody case. The better you can negotiate your family law case with your co-parent the more likely you are to save on time and money. Negotiation is much more efficient than waiting for a court date. By the same token, the more negotiation you and your co-parent can do on your own unless you rely upon your attorney. Therefore, your case becomes much less expensive and much shorter.

Thank you for joining us today on the blog for the Law Office of Bryan Fagan. We know that these common myths about custody in Texas can be intimidating. However, with an experienced attorney at the Law Office of Bryan Fagan, you will find that these myths are less impactful on your case. As a result, the best interests of your children can be furthered that much easier.

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.