What can potentially be used against you in a custody battle?
Few things are as disruptive in a child’s life as a contentious custody battle between their parents. We understand that when you’re in the middle of a bitter divorce or prolonged child custody proceedings you have a very real worry about the outcome of the court’s decision. Collin County family law judges make custody decisions based on the child’s best interests, with an eye toward giving each parent as much parenting time and access as possible to facilitate the child’s relationship with both parents.
A skilled Frisco family lawyer can help you from making common mistakes that could derail your custody fight, like bad-mouthing the other parent. While each case is different, there are several mistakes that many parents make that negatively impact their custody case.
Factors that impact a judge’s decision in Frisco child custody cases
Joint conservatorship is the most common custody arrangement, usually the Texas default schedule of 1st, 3rd, and 5th weekend and at least one weeknight during the school year with the non-primary custodial parent. However, a judge may consider other things, such as the child’s safety and each parent’s ability to provide adequate supervision and guidance.
Often, what you believe is your child’s best interest, what the other parent thinks is in your child’s best interest, and what a judge may rule is best for the child’s welfare are often quite different. For the best chance of securing your ideal custody schedule, it’s critical to understand what can be used against you in a custody battle.
Child abuse and neglect
Any allegations of child abuse or neglect are taken very seriously by Collin County courts and the Texas Department of Family and Protective Services (DFPS). If you’re truly worried about your child’s safety with the other parent or if they have demonstrated a lack of ability to care for your child, inform your lawyer immediately so they can take appropriate action to keep your child safe, such as filing temporary orders.
Failure to provide for your child’s basic needs is also a form of neglect. If you’re unable to keep the lights or water on, if your living situation is tenuous, or if you fail to ensure that they receive regular check-ups and proper medical and dental care, then you may not be awarded primary custody.
Parental alienation
Turning your child against the other parent or engaging in parental alienation won’t just reflect poorly on you in court. If you embellish your ex’s wrongdoings or place your child in a position where they feel like they must choose between the two of you, you could be doing long-term damage to their sense of self and emotional state.
Texas courts prefer healthy co-parenting relationships between both parents; while there are options for the parents to communicate when this isn’t possible (like the Our Family Wizard co-parenting app), a judge will look askance at you if you’re consistently speaking negatively about the other parent to your children. Remember, if you can’t say anything nice, don’t say anything at all.
Criminal behavior
If you have a history of arrests or are getting into trouble with the law while your case is pending, a judge may have valid concerns about the child’s safety in your care.
Criminal behavior also includes violating court orders. If your judge has issued temporary orders, follow them, even if you don’t agree with them.
Addiction and substance abuse concerns
Heavy drinking, drug use, and a history of violent or abusive behavior while under the influence raise concerns about your child’s well-being. If you’re struggling with drinking or drug use, tell your lawyer right away so they can mitigate any accusations your ex may make. And, get help. Judges will look more favorably on you if you acknowledge you have a problem, but show that you’re committed to sobriety and working a treatment program.
Unstable living situations
Whether you’re moving someone new into the home too soon, your housing situation is in flux, or you have a history of job-hopping and other instability, a judge may feel that you cannot provide a safe, stable, and consistent life for your child. Courts consider your new relationships in the context of how they impact your child’s well-being.
Your new partner may be the best person in the world, but often, moving someone new into your home very soon after a separation negatively impacts a child’s emotional state and well-being. Be cautious when introducing new romantic partners into your child’s life.
Compassionate help for your Frisco child custody case — Call Albin Oldner
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Do you need help with your Frisco child custody case? Our experienced Albin Oldner family law attorneys are ready to help you and your family. Please call (214) 423-5100 for a consultation.
