17 Things You Should Never Do in a Child Custody Case

Child custody cases can affect where your children live, how important decisions are made and how much time each parent spends with them. What you do while the case is pending may also influence how the court views your judgment, stability and willingness to put your children first.

The biggest mistakes in a Texas child custody case include violating court orders, withholding court-ordered possession, criticizing the other parent in front of the children, posting about the dispute online, making unsupported allegations and failing to preserve important documentation.

In Texas, child custody is generally called conservatorship, while visitation is called possession and access. Courts make these decisions according to the best interests of the child. Because every family and court order is different, speak with a Texas child custody attorney before making a decision that could affect your case.

Quick Answer: What Should You Never Do in a Texas Custody Case?

During a Texas custody case, you generally should not:

1. Violate a temporary or final court order.
2. Withhold court-ordered possession or visitation.
3. Criticize the other parent in front of your children.
4. Ask your children to choose sides.
5. Refuse reasonable co-parenting communication.
6. Relocate a child without following legal requirements.
7. Make allegations you cannot support.
8. Post details about the case on social media.
9. Send angry, threatening or insulting messages.
10. Ignore your child’s school, healthcare or routine.
11. Fail to preserve useful documentation.
12. Publicly discuss private family information.
13. Ignore signs that your child needs emotional support.
14. Create unnecessary instability during the case.
15. Arrive unprepared for a custody evaluation.
16. Treat your child’s preference as the final decision.
17. Make major legal decisions without reliable advice.

The safest approach is usually to follow your orders carefully, communicate calmly, preserve relevant records and keep your child’s needs at the center of your decisions.

Advice From Your Austin, TX Child Custody Lawyer: 17 Things You Should Never Do

Disparaging the Other Parent

A critical error in a child custody case is speaking negatively about the other parent in front of the children or on public platforms, such as social media. Courts focus on the best interest of the child, which includes maintaining healthy relationships with both parents. Derogatory remarks can be seen as an attempt to alienate the child from the other parent and can severely damage your case.

Withholding Visitation

A parent should not ordinarily deny court-ordered possession simply because the other parent failed to pay child support, behaved rudely or violated a separate part of the order. In Texas, child support and possession are generally treated as separate obligations.

If the other parent is violating an order, use the appropriate legal process rather than responding with another violation.

Safety concerns are different. If you reasonably believe a child faces an immediate threat, contact an attorney or emergency services as appropriate. Do not rely on general online advice when a child may be in danger.

Refusing to Communicate or Co-Parent

Effective communication and a willingness to co-parent are viewed positively. Refusing to engage in dialogue or cooperate with the other parent on matters concerning the children can be perceived as an unwillingness to support the child’s relationship with the other parent. Courts usually favor arrangements that encourage active involvement of both parents in the child’s life.

Moving Without Notice or Consent

Relocating with a child without proper notice to the other parent or without seeking the court’s permission can be a grave mistake. Such actions may be seen as an attempt to limit the other parent’s access to the child and can significantly affect how custody is awarded.

Involving the Children in Disputes

Children should be shielded from the legal disputes between their parents. Involving them in custody battles or asking them to choose sides can be emotionally damaging and is frowned upon by the courts. Do everything you can to maintain a sense of normalcy and stability for the children throughout the custody process.

Neglecting the Child’s Needs and Schedule

Parents involved in a custody dispute must prioritize the child’s needs and established routines over their own feelings and preferences. Overlooking the child’s daily schedule, medical appointments, or educational commitments can be seen as a lack of involvement in the child’s well-being. Demonstrating a consistent commitment to your child will put you in a good position during custody evaluations.

Making Unsubstantiated Accusations

Accusations against the other parent should never be made without solid evidence. Making false claims can undermine one’s credibility in court and can backfire legally and ethically. If there are legitimate concerns about the child’s safety, they should be addressed through proper legal channels with supporting evidence. Even if you’re quite sure something has happened, don’t bring a formal accusation without having solid evidence to back it up, and be sure to talk to your lawyer right away.

Ignoring Court Orders

Disregarding any interim or standing court orders related to the custody case is a serious mistake. Compliance with court directives is non-negotiable, and failure to adhere to these can be seen as contempt of court, leading to legal penalties and weakening a case.

Refusing to Seek Legal Advice

Navigating child custody without professional legal guidance from an Austin, TX child custody lawyer can destroy your case. Custody laws are complex, and every action or inaction can be more significant than you know. Seeking advice from a family law attorney ensures that you make informed decisions that align with legal standards and serve your child’s best interests.

Engaging in New Romantic Relationships Prematurely

Introducing children to a new romantic partner during a custody dispute can be problematic. Courts may view this as a lack of judgment or stability, especially if the relationship is recent or has not been approached with the children’s emotional well-being in mind. It is advisable to be cautious about when and how new relationships are brought into children’s lives during the sensitive period of a custody case.

Overlooking the Importance of Documentation

In custody cases, thorough documentation is vital. Failing to keep records of interactions with the child, visitation schedules, and communication with the other parent can leave you at a disadvantage. Detailed records can provide evidence of your commitment to your child and can be crucial during court proceedings.

Displaying Aggressive Behavior

Aggressive behavior, whether directed at the other parent, the children, or third parties, can severely impact a custody case. Any instances of aggression, including verbal altercations or physical confrontations, can be used as evidence of an inability to provide a safe and stable environment for the child. No matter how irritating an ex-spouse might be during a custody battle, always respond as the “bigger person.”

Disregarding the Child’s Wishes

While a child’s preferences are not the sole factor in custody decisions, outright ignoring a child’s expressed wishes, especially if they are of a sufficient age and maturity, can reflect negatively on a parent. It is important to listen to and consider the child’s feelings, ensuring their voice is heard in an age-appropriate manner.

Misuse of Social Media

Social media can be a minefield in child custody cases. Posting information about the case, negative comments about the other parent, or any content that could be perceived as irresponsible or indicative of bad parenting can derail a case. Courts can consider social media activity as evidence, so it’s advisable to use these platforms with great caution during a custody dispute. Always talk to your lawyer before you post anything about your case.

Overlooking the Child’s Mental Health

The mental and emotional health of the child is paramount, and parents should never dismiss signs of stress, anxiety, or depression in their child. Failing to address these issues can lead to questions about one’s attentiveness and responsiveness to the child’s needs. It’s important to seek professional help for the child if needed and to be open to recommendations from child psychologists or counselors.

Being Unprepared for Custody Evaluations

Custody evaluations are a critical component of the court’s decision-making process, and going into these evaluations unprepared can make a big (and negative) difference in your case. It’s vital to understand the scope of these assessments and to be thoroughly prepared to demonstrate your parenting capabilities, knowledge of the child’s needs, and willingness to facilitate a positive relationship between your child and the other parent. An attorney is the best person to help you prepare for these evaluations.

Not Respecting Privacy and Confidentiality

Confidentiality must be maintained throughout the custody process. Sharing details of the case with individuals not involved, especially in public settings, can lead to information reaching unintended parties, including the court. Respecting the privacy of your child, the case, and the family’s circumstances is important and will help your case.

By avoiding these actions and approaching your custody case with a child-centered perspective, you can enhance your credibility and demonstrate dedication to the child’s best interests. For experiencdd guidance through this delicate process, contact The Eggleston Law Firm now.

What Should You Do During a Texas Custody Case?

While every case is different, these practices may help you remain focused and organized:

• Follow all temporary and final orders.
• Put important communication in writing.
• Keep messages brief, factual and child-focused.
• Maintain an accurate parenting calendar.
• Preserve relevant documents and communications.
• Support your child’s safe relationship with both parents.
• Attend school events and appointments when appropriate.
• Maintain a stable, child-centered routine.
• Address safety concerns through proper legal channels.
• Ask your attorney before making a major change.

Good custody-case behavior is not about appearing perfect. It is about consistently demonstrating sound judgment, reliability and concern for your child’s well-being.