Who Wins the Custody Battle?
Every day people find themselves in a custody battle. Do moms always win? Do dads always win?
In Texas, each parent begins with equal rights and responsibilities regarding their children. Because of this, you have the same opportunity to have quality time with your child. It also means you have the same responsibility to care for and support your child.
If you and the other parent do not live together (divorced or never married), you have the ability to reach an agreement with respect to the amount of time each will spend with the children, Althought it is a separate issue, you also can agree and the amount of money (child support) required to support the child.
Texas Courts and Custody
If you cannot reach an agreement on your own, you will look to the courts to settle your custody battle. The judge will order a schedule in the best interest of the child(ren). Read this for the custody winning edge.
What the Judge Wants to Know at Your Custody Hearing
What the Judge Does NOT Want to Hear at Your Custody Hearing
|You are spending all the time available with your child.||You are missing scheduled visits with your child.|
|You are cooperating with the other party to be a good co-parent.||You are not providing proper clothing, like coats in cold weather because the other parent should buy their own. We can also see the other side, where you did not return things after last visit.|
|You are polite to the other party.||You yell, curse, send mean texts.|
|You make it all about the child.||You make it all about the other party and bring all of your past arguments and resentments that have nothing to do with the child into court.|
|You have relevant facts and organized thoughts.||You react emotionally to every issue and use the words “never” and “always” with no supporting documentation or facts.|
|You recognize that each parent has their own parenting style and rules of the household.||You expect the other parent to adhere to your rules and your beliefs about child-rearing.|
|You are flexible without being a wimp.||You are not allowing visits when he/she is 20 minutes late. .|
|You let your child know it is important to love and spend time with both parents.||You bad-mouth, belittle and criticize your ex constantly in front of the child.|
|You allow the other parent to have quality time with the child.||You do not allow the child to briefly call the other parent during “your time” just to check in or share something. On the other side, you might be constantly calling and interrupting activities and making your child homesick.|
|You respect the other parent’s time.||You schedule as many activities as possible during the other parent’s scheduled possession.|
|You respect your child’s activities.||You do not take your child to anything the other parent has scheduled.|
|You keep clear communication channels open with the other parent.||You continue to forget to inform the other parent about school activities, medical appointments and issues that affect the child.|
Who Wins the Custody Battle? YOU DO!
Reading these think of the “golden rule.” Apply it in all your dealings with the other parent. Whether you want to have primary custody, a standard possession schedule, 50-50 custody or something else that works for your family, you will do better in court if you “Do unto others as you would have them do unto you.” The judge does not want to know what is best for you, the judge will create a final order that is in the best interest if the child.
However, we are here to help you. Believe me, we know it is hard to co-parent with someone you do not like or agree with. We get that. Nobody is perfect and you may have made some custody battle mistakes already. We can work with you.
If you have a custody battle, you need a highly qualified family law attorney to prepare and present your case. Call our office today if you need a custody lawyer.
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