Handling Child Custody Disputes in Texas

 Posted on November 07, 2023 in Child Custody

When couples divorce, one of the most difficult issues they face is agreeing on a child custody arrangement. It is stressful enough navigating a separation, and when you and your spouse strongly disagree on who gets custodial rights, the process can become extremely overwhelming. A Texas lawyer can help you through the process so custody will be in the best interest of everyone, but more importantly, the children involved. There are steps you can take to resolve the custody dispute in your child’s best interests.

Try Mediation First

The courts will order you and your spouse to attempt mediation before taking the custody issue to trial. Mediation provides a chance to work through differences with the guidance of a trained, neutral third party. Make sure you go prepared by:

• Considering your child’s needs above all else.
• Researching custody laws and your rights.
• Making a list of goals and ideal outcomes.
• Being willing to compromise on specific issues.

You do not have to leave mediation with a complete agreement in place. However, you may identify areas of common ground and get closer to a resolution you both can accept.

Understand the Different Types of Custody

There are two primary categories of child custody in Texas - joint custody and sole custody:

• Joint Custody - You share the rights and duties involved in raising your child. Physical custody may be 50/50, or your child may reside primarily with one parent. But you both remain involved in major parenting decisions.
• Sole Custody - One parent is awarded full custodial rights and responsibilities. The other parent may be granted limited visitation rights.

In disputed cases, the courts often favor joint custody as long as it serves the child’s welfare. Be prepared to argue why sole custody by one parent is the better option if that is your position.

Build Your Case

For a judge to decide custody, you must convince the court your plan is in your child’s best interest. Strategies that can strengthen your argument include:

• Demonstrating you can provide a stable, loving home environment.
• Keeping detailed records proving you’ve been the primary caregiver.
• Having witnesses testify about your parenting abilities.
• Presenting a comprehensive custody plan.
• Highlighting ways your spouse may be less fit for full custody.

While building your case, never make attempts to turn your child against the other parent. That will seriously backfire.

Contact a San Antonio, TX Child Custody Lawyer

Going through a divorce is bad enough. When you have to fight for custody of your children, that can be a devastating process. If you cannot come to an agreement with the other parent, a Bexar County, TX child custody attorney can help you navigate the process. Call Brandon Wong & Associates at 210-201-3832 to get started on the process.