How to Prepare for A Custody Battle in Texas
A custody battle is one of the most challenging experience for a parent, as it has legal and emotional complexities that fall outside of your control. Preparation is essential, and helping put you in a position to effectively navigate the challenge ahead. During a Custody Battle there will be highs and lows, you will range the emotional gambit before stepping foot before the Judge. The best advice for you to get prepared for the battle ahead is to understand the process, put a game plan in place, and have a team to support you on that process.
Empower Yourself Through Preparation
Before running a marathon you prepare, that is the same for a Custody Battle. The preparation can happen before the Petition is filed or 100 days into the case its self. But most importantly, preparing for a custody battle in Texas goes far beyond hiring the right attorney, you need to put multiple things in place to help weather the storm ahead of you. Our suggestion on what you need to do is to understand the Laws regarding your case, understand where you are in your case and the situation you are in, gather the essential documents for your case, develop a game plan, seek legal counsel, and likely the most important is implement a support network.
Understanding Texas Custody Laws
Before diving into preparation tactics, it's essential to familiarize yourself with child custody laws in Texas.
In Texas the default is that both parents are "joint managing conservatorship," which allows both parents to share rights and responsibilities for their child's upbringing. However, one parent is usually classified as the primary conservator, who is responsible for determining where the child(ren) live and is responsible for making critical decisions regarding the child's welfare.
Being well-versed in Texas family law terminology and Texas’ default presumptions can significantly shape your strategy. For instance, understanding that "possession" refers to a parent's time with the child can help you plan for visitation schedules, and understanding what the Standard Possession Schedule is can help you focus on what you are fighting over.
Assessing Your Situation
Before creating documents or collecting evidence, take a moment to assess your current situation and how your family dynamics have been. Focus on your relationship with your child(ren) and the other parent is critical in understanding what is working and what is not working in your current situation. .
What have been the parenting roles: Think about how each parent contributes to the child's life. Which parent takes the lead on daily care, medical decisions, education decision, setting up extracurricular activities, reaching out to the teacher, or setting up counseling sessions?
What each child needs: Each child is different, there is not one approach that works for each child as each child has their own personality and peculiarities. Therefore, understand each child’s needs to developmental success and what each parent is doing to help accomplish those successes. For example, if your child has a learning disability, keep records of assessments and instructional plans, or if your child has a health issues, what is the next steps for that issue to be fixed and who to address it with.
Taking time to evaluate your current circumstance can help frame what you want to keep and change as the foundation to your case.
Collect Important Documents
It has been said that all attorneys do is paperwork, and the reason for that is documentation is a cornerstone of any legal dispute. Most importantly a custody battles.
The following documents are what you will need to help create a compelling case to the Judge.
Medical records: Obtain any health-related documents, such as records of previous health issues, vaccinations, or ongoing conditions that may affect your child’s well-being. These can be pivotal in proving your involvement in your child’s care.
School records: Organize copies of report cards, attendance records, and any behavioral evaluations. Connecting your involvement in your child’s studies and showing that your child has consistently made the honor roll can strengthen your position regarding custody.
Communication with the other parent: Maintain records (such as text messages, email, or app communication) of discussions with the other parent concerning custody issues, schedules, and financial responsibilities can be crucial in showing your ability to work with and help mitigate issues in your child’s life. .
Financial statements: Collect evidence of income and expenses. This evidence is your pay stubs, tax returns, and monthly bills. This information can be instrumental in showing your ability or need to help provide for your child.
Organizing and compiling these documents will help your attorney build a strong argument supported by documenation.
Develop a Game Plan
Creating a detailed game plan is an excellent way to demonstrate your commitment to co-parenting and the well-being of your child.
Most custody battles deal with the following five issues, and having a plan to put in place for each one is crucial to framing the entire case.
Visitation schedule: Clearly outline when each parent will spend time with the child.
Decision-making authority: Indicate how major decisions will be made concerning the child - education, medical, phyciatriac, and geographic. Having a game plan on who is going to decide on what school the child attends, or having a specific school in mind can who the Court your long term approach to parenting.
Communication methods: Establish how you and your co-parent will communicate about your child, and how each of you will communicate with the child while in the other parent’s possession.
Child Support. Understand Texas’ guidelines for child support and the specific needs of the child to know if the child requires deviation from those guidelines.
Health Insurance. Usually the least planned for, but Courts want to make sure the child will be taken care of in case of emergency, so knowing who will cover health insurance and if that health insurance policy adequately provides for the child.
Having a thorough game plan illustrates your proactive approach and commitment to your child's best interests.
Seek Legal Counsel
Navigating a custody battle in Texas can feel overwhelming, therefore, obtaining legal counsel is a crucial step.
Having a trusted family law attorney with expertise in custody matters can assist you by:
Explaining your rights: They will clarify what you are entitled to under Texas law and guide you. For instance, knowing your worse case scenario and your best case scenario can empower you through the process, to understand what you are risking to get.
Preparing your case: Your attorney will help gather evidence, file necessary documents, and ensure that your legal strategy is comprehensive. In Texas, an attorney can bolster your case significantly, as research has shown that those with legal representation are 70% more likely to achieve favorable outcomes than those without legal representation.
Representing you in court: Having experienced legal representation can substantially improve the effectiveness of your arguments and how well you present your case, as you rely on their previous experiences with cases similar to yours and their previous experiences with the Judges.
Talking with an attorney early on can improve your preparation and confidence.
Implementing a Support Network
One of the most important things you can do to prepare for a custody battle is implement a support network. A custody battle can be emotionally draining for both parents and children. That's why having a strong support network is essential.
Lean on family and friends: Surround yourself with people who understand your situation and can offer emotional guidance, and help you find relief in talking to loved ones.
Consider counseling: Professional therapy can also provide significant benefits in coping with stress and anxiety. Your mental health during this process is important to keep you consistent and crucial for you and your child.
Join support groups: Engaging with others in similar custody challenges can provide insights and new perspectives that you might find enlightening.
It is important to prioritize your emotional well-being is during this tumultuous time for you and your child.
What to do in Court
As your court date approaches, understanding what is expected of you while in the Court house:
Practice your testimony: Rehearse what you want to convey to the judge, emphasizing key points that matter to your case, and remember to be respectful to the Judge, the opposing counsel, and the opposing party. How you appear on the stand is the same view the Court will have of you as a parent with your child. Therefore, it is important not to be argumentative, hostile, or use abusive language to describe the other parent.
Dress appropriately: Your attire should reflect the seriousness of the proceedings. Choosing professional-looking clothing can create a positive impression.
Stay calm and composed: Courts can be intimidating, but maintaining respect and calmness can help you present yourself credibly. Remember, the words we use are just as important as our demeanor and facial expressions - specifically those we made in response to what the other party says.
The general rule is the most prepared reasonable person will win, your goal is to focus on communicating your genuine concern for your child's best interests while staying composed and clear in your communication with those in the Court Room.
You Still Have to Talk to the Opposing Party
Even though you are preparing to argue with the opposing party on what is in the best interest for your shared child, there is a strong likely hood they are also trying to do what is in the best interest of your shared child. Therefore, work to maintain open lines of communication with the other parent whenever possible, as over 90% of Custody Battles do settle prior to Final Trial.
Stay respectful: Regardless of the challenges in your relationship, aim for polite communication. Keep in mind everything you say can and will likely be used against you in Court.
Focus on shared goals: Emphasize a mutual desire for your child's best interest; this usually incudes everyone’s involvement in the child’s life.
Document interactions: Keep a record of conversations about custody matters, specifically noting agreements or misunderstandings. This documentation can be beneficial if disputes arise later.
Open communication can ease the tensions surrounding a custody battle, potentially leading to smoother resolutions and agreements.
Custody Battles are no small task
By taking strategic steps, you can navigate the complexities effectively. By understanding the legal framework, gathering essential documents, developing a solid parenting plan, and seeking professional guidance, you can face this difficult situation with confidence.
Keep in mind that the ultimate goal is to create the best environment for your child. Prioritizing their welfare in every decision will guide your actions and help build a solid case.
