Five Child Custody Mistakes Parents Should Avoid in Texas

Custody cases can be stressful for parents. Unfortunately, too many parents in Texas make errors that actually undermine their custody rights. At Lindamood & Robinson, P.C., we provide solutions-focused advocacy to parents. In this article, our Houston child custody attorney highlights five all-too-common child custody mistakes that parents should avoid in Texas.

Mistake #1: Not Understanding the Best Interests of the Child Standard

Under Texas law, all custody disputes are resolved with consideration of what is in the best interests of the child. It is crucial that parents in Texas have a comprehensive understanding of how the best interests of the child standard could impact their case. Courts make custody determinations based not on parental preferences, but on what arrangement is best for the health, safety, well-being, and overall development of the child.

Tip: Be prepared to show you can provide a great environment for your child. 

Mistake #2: Refusal to Cooperate With Your Co-Parent 

Even in high-conflict situations, refusing to communicate or work with your co-parent can backfire. Texas courts look favorably on parents who show a willingness to support the child’s relationship with the other parent. If one parent is clearly uncooperative, that is a factor that courts in Texas can and will use against them in a custody case. It is a statutory factor.

 Tip: Make a good faith effort to work with your co-parent on a custody solution. 

Mistake #3: Lack of Organization 

In some cases, parents in Texas run into issues simply because they are disorganized. Accurate records can make a major difference in a custody case. If any issues arise—such as alleged missed visitations, inappropriate behavior, or problems with parental problems—you will want to make sure that they are reasonably well-documented. Evidence can make the difference in a dispute over child custody. “He-said/she-said” cases are more challenging to win.

 Tip: Keep all relevant documents carefully organized. 

Mistake #4: Moving or Making Major Life Changes Without Notifying the Court or Co-Parent 

In Texas, material changes—like relocating a significant distance away with your child—typically require court approval or agreement from the other parent. Making these decisions unilaterally can violate the custody order. With that in mind, you should always consult your custody agreement and, if necessary, a Houston attorney, before a big change.

 Tip: Make sure you are in full compliance with the child custody order/agreement. 

Mistake #5: Putting Your Child in the Middle of the Conflict

 Even when parents are on relatively good terms, a child custody case is still sensitive. It is emotional and there can be raw, intense feelings. With that being said, you should never put your child in the middle of the conflict. To the maximum extent possible, your child(ren) should be protected from the child custody battle. Their feelings matter.

 Tip: Keep conflict with your spouse/ex away from your child as much as possible.

Speak to Our Houston, TX Child Custody Lawyer Today

At Lindamood & Robinson, P.C., our Houston child custody attorney is standing by, ready to protect your rights. If you have any questions about child custody,  please do not hesitate to contact us today for a completely confidential initial appointment. Our firm handles custody cases in Houston, Harris County, and throughout Southeast Texas.

Source:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm