Contested child custody disputes in Texas are among the most emotionally trying and difficult family law cases because the stakes are so high.  Whether your custody case is part of a divorce or a paternity action, the outcome typically results in fundamental changes to your day to day parent-child relationship and parenting responsibilities.  Although the best possible situation for both parents and their minor children involves amicable negotiations to reach mutually acceptable arrangements regarding timesharing and parental responsibility, sometimes this is simply not possible.  When both parents insist on being the primary residential parent or disagree about other issues, contested custody disputes will involve careful analysis of the relationship of each parent to the child and other factors that are part of a Texas family court’s determination of the best interest of you children.

While there are many actions that parents can take to positively impact their position in a Texas child custody dispute, we have provided some key types of evidence that a family law judge will often consider when crafting child custody and visitation orders in this two-installment blog post.  This is hardly a comprehensive list so if you have specific questions about issues that you think may play a factor in your child custody case, we urge you to speak to Texas child custody attorney Alex Tyra.

Parental Involvement with Children: Family law judges look closely at the level of involvement of parents in their child’s lives.  A parent who is away from home working long hours and who must delegates most of the day to day parenting responsibilities to the other parent will be at a distinct disadvantage in a child custody dispute.  The judge will try to determine if one of the parents essentially functions as the primary caregiver for the children, which may involve taking the kids to medical appointments and extracurricular activities, assisting with homework or attending parent-teacher conferences.  While family law judges understand that earning a living requires devoting time toward work responsibilities, parents in custody disputes need to avoid the appearance that the other parent is the one who is taking care of the children.  Even if this means temporarily cutting back your work hours or shifting your schedule to a 4 day work week, the greater your involvement in the daily activities of your children the more likely you will be happy with the judges decision on child custody.

Importance of Parental Fitness Issues: If your spouse has engaged in acts of family violence against you or the children, Texas law imposes a rebuttable presumption against joint custody when a parent has a history of domestic violence.  If your spouse has engaged in acts of domestic violence, you should make your Texas divorce attorney aware of this information and provide any documentation, such as police reports, protective orders, medical records, photographs of injuries and similar evidence.  If your spouse has a history of alcohol abuse or drug use, the court may order your spouse to submit to a drug test.  If you know that your spouse has convictions for DUI, you should also communicate this to your Texas divorce attorney.  Evidence involving any issues like these concerning parental fitness may have a significant impact on the judge’s orders in a child custody case.

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 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.

When a marriage breaks down, the prospect of taking legal action that formalizes the end of the relationship can be a source of apprehension and stress.  At our Texas divorce law firm, we often hear from clients that are unclear on the distinctions between the various legal actions to address the rights of married parties when a relationship ends, such as divorce, legal separation (called “separate maintenance” in Texas) and annulment.  Some clients use these terms interchangeably or in ways that make it clear that they do not understand the distinctions between these alternatives.  Texas divorce attorney Alex Tyra explains how divorce, legal separation and annulment differ.

Dissolution of Marriage (Divorce)

Divorce (formally called “dissolution of marriage”) is the most common legal action to terminate a marriage.  A divorce action terminates marital status based most typically on the “incompatibility” of the parties, which means that the marriage has completely broken down and cannot be restored with counseling or other forms of intervention.  While the divorce process will completely dissolve the marital relationship, it also acknowledges that a valid marriage between the parties previously existed.  A divorce action may address a wide range of relevant issues that include property division, alimony (spouse support), child custody/visitation, child support and other issues.

Legal Separation (Separate Maintenance)

Separate maintenance is a variation of the process that is referred to as “legal separation” in other states.  While legal separation can address essentially all of the issues in a divorce action like asset and debt distribution, spousal maintenance, parenting plans, child support and others, it differs from a divorce because the marital status of the parties is not altered.  This type of action is not filed frequently.  If a couple wishes to keep their marital status intact for religious or reconciliation reasons, however, this may still provide an option.  If one of the parties files for divorce, the court will proceed on the dissolution of marriage claim rather than the separate maintenance claim.

Annulment

When a party seeks a Kansas annulment, the party is essentially asking the court to formally acknowledge that the marriage was “void” from its inception or “voidable” based on some fact that one or both parties did not know entering into the marriage that would have materially affected the moving party’s decision to marry.  An example of a void marriage would include a marriage where one of the parties never obtained a final judgment of dissolution of marriage in a prior divorce or the parties were too closely related by blood to be lawfully married.  An example of a voidable marriage might include a spouse finding out that his or her spouse only entered into the marriage to obtain immigration benefits.  While some people believe that annulment may only be granted if the marriage is extremely brief, this form of relief can be sought if the statutory criteria are met regardless of the length of the marriage.

Texas divorce attorney Alex Tyra offers a free consultation during which he can advise you about the various options including dissolution of marriage, annulment or legal separation.  We invite you to contact us in our Longview office at 903-753-7499 or visit our website and submit a case contact form.