In order to prepare a strong child custody and visitation case in Texas, you must first understand that all courts in Texas prioritize the best interest of the child. The “child’s best interest standard” is outlined in Texas Family Code § 153.002. This standard guides all decisions related to custody and visitation rights, including who will have legal authority (i.e., conservatorship) and how visitation (i.e., possession and access) will be structured.
In order to build a compelling case, it is recommended to do the following:
- Be Involved: You should demonstrate active involvement in your child’s life, such as attending school events, medical appointments, and maintaining a stable home environment
- Document Everything: Next, you should always keep records of communication with the other parent, parenting schedules, and any incidents that may affect the child’s well-being
- Avoid Negative Behavior: It is important to know that courts disfavor actions like disparaging the other parent, violating court orders, or exposing the child to conflict, as such, those negative behaviors should be avoided
It is important to note that Texas law generally favors joint managing conservatorship under Section 153.131 under the Texas Family Code. Joint managing conservatorship means that both parents share decision making, unless one is unfit due to issues like abuse or neglect. If you’re seeking sole custody, you should be prepared to show that joint custody would significantly impair the child’s physical or emotional development.
Finally, you should consider drafting and proposing a detailed parenting plan that outlines visitation schedules, decision making responsibilities, and conflict resolution methods. Coming prepared with a solid parenting plan that works for all parties involved demonstrates to the court that you’re focused on stability and cooperation. Those are key factors in winning the court’s confidence.
What Other Factors Might a Texas Court Consider in a Child Custody Case?
In addition to the “best interest of the child” standard outlined in Texas Family Code Section 153.002, Texas courts consider a wide range of factors to determine custody arrangements. These are often referred to as the Holley factors, based on the Texas Supreme Court case Holley v. Adams.
These additional factors include the child’s emotional and physical needs, the potential for emotional or physical danger, the stability of each parent’s home, and the parenting abilities of each party.
Courts may also weigh the child’s preferences, especially if the child is 12 years or older, as allowed under Section 153.009 of the Texas Family Code. However, the child’s wishes are just one part of a broader analysis.
Judges will also look at each parent’s willingness to co-parent, their history of involvement in the child’s life, and any history of abuse, neglect, or substance abuse, which can significantly affect the outcome. If there is evidence of harming the child, that parent may be awarded no visitation time, other than supervised visitation, and may even have their parental rights terminated in some cases.
Other considerations include the plans each parent has for the child, the availability of support systems, such as extended family or community resources, and whether either parent has attempted to alienate the child from the other. Ultimately, the court’s goal is to ensure a safe, stable, and nurturing environment that promotes the child’s long term well-being.
What Documentation Should I Gather Before Meeting With My Texas Child Custody Lawyer?
Before meeting with your Texas child custody lawyer, it’s essential to prepare for the meeting by gathering documentation that paints a clear picture of your parenting role, your child’s needs, and your overall stability. You should start with basic personal and financial records, such as your photo ID, proof of address, recent pay stubs or tax returns, and any existing court orders related to custody or child support. All of these documents help establish your identity, financial stability, and legal history.
Next, you should then collect evidence of your involvement in your child’s life. This can include school records, report cards, medical and dental records, extracurricular activity schedules, and a proposed parenting plan.
Further, if you’ve been the child’s primary caregiver, you should bring calendars or logs showing your parenting time, as well as communication records with the other parent (i.e., texts, emails, or call logs) that reflect any parental cooperation or conflict.
You should also prepare to have documentation that supports any of your claims as to why the other parent may be unfit, such as police reports, protective orders, or witness statements, if you believe there are concerns about the other parent’s behavior. If applicable, you should also bring proof of child support payments or receipts for expenses related to the child’s care.
Finally, it is important to organize everything in a binder or digital folder so that your attorney can quickly assess your situation and begin building a strong case. Being organized can save you money, as your attorney will not have to charge you for organizing your documentation. As can be seen, being well prepared not only saves time but also shows the court that you’re committed to your child’s well-being.
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What Makes a Texas Child Custody & Visitation Case Strong? What Makes It Weak?
A strong child custody and visitation case in Texas centers on demonstrating that your proposed arrangement serves the best interest of the child, as required by Texas Family Code Section 153.002. Once again, courts favor parents who provide a stable, nurturing environment and who actively participate in the child’s education, healthcare, and emotional development.
As such, showing a willingness to co-parent, communicate respectfully, and support the child’s relationship with the other parent also strengthens your case. Evidence such as school records, parenting schedules, and witness testimony can all help to establish your commitment and reliability.
Conversely, a case may be weakened by behaviors that suggest instability or risk to the child’s well-being. Under Section 153.004, any history of domestic violence, abuse, or neglect can severely limit a parent’s custody or visitation rights.
Courts are also wary of parents who attempt to alienate the child from the other parent, violate existing court orders, or demonstrate poor judgment, such as substance abuse or frequent changes in residence. Failing to provide a consistent routine or safe home environment may also undermine the strength of your case.
Ultimately, Texas courts aim to ensure that children maintain frequent and meaningful contact with both parents, provided it’s safe and beneficial. Demonstrating maturity, cooperation, and a child-centered approach is key to building a strong and persuasive case.
Should you have any questions, it is recommended to set up a legal consultation in Texas with Texas lawyers who understand custodial and/or visitation rights. Experienced Texas family law lawyers will be able to not only help you gather what you need to build a strong case, but also be able to conduct formal discovery to gather documentation from the other party to support your position.
Dos and Don’ts for Texas Child Custody & Visitation Cases
The following is a list of dos and don’ts for handling a child custody and visitation case in Texas:
What You Should Do:
- You should adhere strictly to all court directives related to custody and visitation schedules
- You should keep detailed records of your parenting time, significant events, and communication with the other parent
- You should engage in respectful, child-centered communication with your co-parent.
- You should encourage a positive bond between your child and the other parent, as supported by Texas Family Code Section 153.003
- You should get organized before court appearances, such as by bringing documents and a parenting plan if required
- You should put your child’s needs first, as courts appreciate a focus on stability and emotional care
What You Should Avoid:
- You should avoid speaking poorly of the other parent, especially around your child
- You should avoid denying scheduled visits unless permitted by the court, as this may violate Section 153.001
- You should avoid disobeying court orders, as doing so could lead to legal penalties or changes in custody
- You should avoid putting your child in the middle of disputes or legal conversations
- You should avoid sharing case details online, as social media posts can be brought up in court
- You should avoid reacting with anger or aggression, as doing so can reflect negatively on your fitness as a parent
When Do I Need a Lawyer for Child Custody & Visitation in Texas?
If you are going through a divorce or separation from someone with whom you share a child, and you are seeking custody of your child, then it’s always recommended to consult with experienced Texas child custody lawyers.
LegalMatch can help you set up an initial lawyer consultation with a lawyer near you who handles custody cases. An experienced child custody attorney can guide you through Texas’ specific child custody laws and answer any questions you may have regarding the process.
They can also assist you in reaching an agreed custody order with the other parent and even draft an agreed order to present to the court. If an agreed order is not possible, a lawyer can help you properly draft, file, and serve the other parent in a custody action.
A lawyer will also be able to ensure that your parental interests are protected throughout the entire custody case. They can also provide you with competent representation during an emotionally charged situation. This includes being able to offer you sound legal advice and answer any questions you may have as the case is ongoing. Finally, an attorney can also represent you in court, as needed.
