This is the second installment in our two-part blog post providing an overview of the types of evidence that may have a significant impact in a contested Texas child custody dispute.  While the types of issues and factual evidence outlined in this blog series are important, this blog hardly covers all of considerations that may be relevant.  If you have further questions after reviewing this blog post, we invite you to schedule a free consultation with Texas child custody lawyer Alex Tyra.

School Performance Matters: If you are a parent, then you are well aware of how difficult it can be to determine if a child is happy and well adjusted, especially teenage kids.  The accounts of family interactions that judges hear from parents usually are so different that it is hard to believe that the parents lived together in the same household.  One type of evidence that is not easy to manipulate is a child’s performance in school.  If a child is receiving excellent grades and exhibits appropriate behavior and strong social skills in school, these types of evidence will tend to benefit the parent with whom a child is living if the other parent has moved out of the residence.  When a minor child is struggling in school, getting into fights or otherwise manifesting behavioral issues, this type of evidence may suggest that the current parenting arrangements are not working effectively.  Because the mere fact a child custody dispute exists may impact a child’s emotional well-being and academic performance, trouble in school does not necessarily indicate the parent who is the primary caretaker is doing anything wrong.  However, both parents should pay close attention to school performance and be proactive if their child is struggling.

Family Residence Dilemma: Parents trying to live under the same roof during a divorce or paternity action are often miserable.  While the urge to move out may be compelling, this is a decision that needs to be considered very carefully.  While moving out of the family home can sometimes ratchet down animosity and conflict in the household, it can also lead to serious disadvantages in a custody dispute.  If a parent moves out of the family home before temporary custody and visitation orders are in place, the parent essentially is at the mercy of the other parent for access to his or her kids.  Further, the parent who has moved out may be faced with claims that he or she did not attempt to spend time with his or her kids or to be more involved in their lives after moving out.  Courts also like to promote stability and minimize the extent of change in children’s lives so effectively surrendering the family home to the possession of the other parent may mean that keeping the children in the family residence means making the other parent the primary residential parent.  There are situations where vacating the family home is the prudent choice, such as to avoid domestic violence situations or false allegations of domestic violence, but you should seek legal advice from an experienced Texas family law attorney before taking this step.

If you are involved in a contested child custody case, Texas family law attorney Alex Tyra offers a free consultation so that he can help you understand your rights and options.  We invite you to contact us in our Longview, Texas office at 903-753-7499 or visit our website and submit a case contact form.