Investing in your children is one of the most important roles for any parent. But, when you and your spouse decide to go through a divorce, your kids could get caught in the middle of a family dispute. This is why it’s important to pursue legal help when filing for custody in Texas.
Finding a qualified attorney to support and guide you through a family law case means you have someone in your corner, looking out for your interests. Find out how our team of caring and passionate family law attorneys at Parker & Aguilar can help with your case.
We Help With Understanding Child Custody Laws
Custody laws in Texas are complex and complicated. We have a full understanding of the Texas Family Code so that we can provide you with sound legal counsel before seeking custody. For example, we can help you navigate specific legal issues, such as sole custody versus joint custody. These roles can significantly impact important decisions about a child’s life, including where the child lives for the majority of the time.
The type of custody you are assigned could affect many aspects of your relationship with your children, including:
- How much time you can spend with your children
- Where your children will live
- What decisions you can make about their lives (education, healthcare, etc.)
- Whether you will pay or receive child support
The law spells out your rights and responsibilities as a parent and explains how courts act in a child’s best interests when determining custody. An attorney with experience fighting for custody in Texas can provide the guidance you need during this time.
Steps Required in a Child Custody Case
When going through the legal process of filing for custody, you will need to complete certain actions to meet your goals. Learn about the required steps to ensure your parental rights are protected.
1. Fill Out the Required Forms
If you’re hoping to gain custody of your kids, the place to start is by filing the appropriate court papers in the county where you live and paying a filing fee. For married parents, child custody will be determined as part of the petition for divorce.
The other parent will be notified (unless they request a waiver of service) and given a chance to respond. If there is no response within a set time, the divorce will be considered uncontested. However, if the other parent challenges your request for custody, you will have to provide evidence in front of the court.
2. Collect Evidence to Support Your Request
Child custody cases can quickly become contentious if there is a dispute. Each parent has a lot to gain and lose, and some parents might do anything to get more time with their kids.
When seeking custody, you may need to provide the following type of evidence to support your position:
- Employment and financial records
- Medical records
- School reports
- Police reports
- Texts and emails with your spouse
- Phone call logs
- Social media posts
- Photos and videos
- Journals
- Calendars and schedules
You may also need witness testimony to back up your claims. One of our experienced attorneys can help you collect all the evidence required for your case.
3. Consider Using Mediation, but Prepare for Court
Time, effort, and costs can skyrocket during a lengthy and contentious divorce or custody battle. Mediation is usually faster and less costly. It also gives you the chance to create a custody arrangement and plan for parenting time that works for both parents instead of letting the courts decide on something that might not work for either of you.
If you’re worried that there’s no middle ground because the other parent won’t budge, you can always prepare to go to court in case mediation doesn’t work out.
4. Put Your Kids First
When going through the custody process, remember that the welfare of your children is your top priority.
For example, if you want to pursue joint or sole custody, you must show that you’re a loving and supportive parent who can attend to your kids’ physical, mental, and emotional needs. Depending on the type of custody you’re asking for, you may also have to prove why the other parent is incapable of meeting these needs.
5. Be Involved in Your Kids’ Lives
Being a good parent means actively participating in your kids’ lives. This involves daily obligations like preparing meals, driving kids to school and activities, helping with homework, and seeing to their health and hygiene.
You should also try to attend doctor’s appointments, school events, and extracurricular activities like sports matches and music recitals. Every child in Texas deserves parents who are available and present, and you may want to document your involvement to prove your position.
6. Provide a Stable Home Environment
Divorce creates major stress for kids, including feelings of grief, anger, and guilt, not to mention anxiety and depression. Maintaining a stable home, following a predictable schedule, and encouraging healthy relationships with both parents can help to create the stability kids need to recover from the trauma of divorce and continue to thrive.
7. Don’t Damage the Other Parent’s Relationship With Your Children
Parental alienation is frowned upon in divorce and child custody cases. This type of unwanted action can include saying negative things about the other parent or trying to ruin the child’s relationship with the other parent.
Going this route could be a big mistake if you’re trying to obtain partial or full custody. It’s also not a good way to maintain a healthy relationship with your children if a parent plans to seek full custody.
7. Document Everything
Have you or your kids suffered domestic violence, requiring temporary orders to provide protection? Has your spouse become uninvolved in your children’s lives? Do you have evidence of parental alienation, substance abuse, or illegal behavior?
Document everything that supports your position and could affect a custody or child support order. You should be able to point to dates, times, and locations where anything occurred that could help you receive a favorable court ruling.
Find Professional Support When Filing for Custody in Texas
When going through a legal divorce and filing for custody in Texas, you have a lot on your plate. In addition to being concerned about your children’s well-being, you might also be thinking about finances, your work life, and where your family will live post-divorce.
There’s no need to go it alone. One of our qualified family law attorneys can help take some of the burden off your shoulders. Our professional will provide you with needed information, counsel, and representation. We will fiercely advocate on your behalf to help you achieve the best outcomes for you and your kids.
We currently represent spouses in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton law office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with our helpful divorce attorneys.
The experienced team at Parker & Aguilar is ready to provide you with reliable guidance and legal representation.