When parents with minor children divorce or separate, they usually need to put together a parenting plan. Some parents are able to negotiate arrangements for mutual agreement and can proceed with an uncontested custody hearing.
It is somewhat common for parents to disagree about how to divide parenting time and legal authority. In some cases, even lengthy negotiations may prove insufficient for the resolution of disputes between co-parents. They may have no real option other than litigating.
Separated or divorced parents may choose to go to family court and ask a judge to settle their disagreements. In such cases, a judge’s perspective can have a major impact on the terms set for the family. How can parents adequately prepare for contested custody hearings in the Texas family courts?
By learning about the law
Parents sometimes set themselves up for unnecessary conflict and expenses by establishing unrealistic and unachievable goals for custody matters. Contrary to what some people expect, the courts don’t favor one parent over the other. They are also unlikely to award one parent sole custody.
The law imposes a presumption that shared parental rights and responsibilities are in the best interest of the children. A parent hoping to secure sole custody typically needs a compelling reason to convince a judge to deviate from the standard shared custody arrangement preferred under state law.
By gathering evidence
Many custody disputes devolve into he-said, she-said arguments. Most judges have seen one parent accuse the other of misconduct without any credible evidence to support their allegations. Claims regarding domestic violence, drug abuse and other issues that can affect parenting ability typically require evidence if parents hope to convince the judge to factor those issues into their final determination.
Authoritative evidence such as medical records and police reports can be more compelling than individual testimony. Parents who know they are likely to face pushback when seeking sole custody or a majority of parenting time and primary placement of the children in their home need evidence to support their position in family court.
Generally speaking, it is also beneficial for parents anticipating a contentious custody dispute to partner with an attorney familiar with Texas state statutes and court proceedings. An attorney can help them fine-tune their strategy and better prepare for their day in court.
Careful preparation can help make a difference for parents facing child custody disagreements. With the right preparation, parents may increase their chances of securing a favorable custody order.