Texas Child Custody

Tips for Raising your Odds of
Winning a Texas Child Custody Battle

One of the most painful parts of divorce is going through child custody battles. In Texas, there are very clear rules about what criteria are necessary to fight for sole child custody. If these requirements are met, both parents can vie for custody. If you enter a Texas child custody battle without understanding how to better your chances, you could run into unpleasant surprises.

The thought of a child custody fight can be so unpleasant that you might want to avoid researching it. That would be a mistake. Every state has specific rules determining which parents have primary custody of children and Texas child custody laws are no exception.

If you can’t agree on a joint custody arrangement, then you’ll need to gear up for a custody fight. While Texas laws and divorce courts strongly urge resolution of custody issues before divorce, there are some cases where this isn’t possible.

Think carefully about your reasons for entering a Texas child custody battle and make sure they are separate from any negative feelings about the divorce. Custody disagreements should never be about revenge or trying to get even by hurting another parent.

Instead, they should be focused on strong and valid issues affecting the child’s welfare.  Potentially viable reasons include physical or emotional abuse, although you’ll have a stronger case if the abuse has been officially documented by a doctor, therapist, police officer or social worker.

Another possible reason for entering a child custody battle involves the living arrangements of your former partner. if that parent moves into a dangerous neighborhood and you can prove this, there have been cases where the parent in a better neighborhood was awarded primary custody.

This strategy is not likely to work, however, if there is proof that the child will be at a child care center and is not left alone in the home. If burglary rates and gang violence are extremely high or if the parent’s home has been repeatedly the target of a home invasion, this information is worth noting. It could make a difference.

it is only fair to note that proving you are a better parent can be an uphill battle but it is possible to convince judges that this is the case. You’ll have a better chance of winning a Texas child custody hearing if you have proof of either physical or emotional neglect.

This is a fine line that doesn’t necessarily mean the other person has actively abused the child. Neglect can also be a factor. However, if you have proof that dental appointments were frequently missed (and the other parent was in charge of taking the child to those appointments), that relates to issues of physical welfare.

A related area is nutrition and the inability of the other parent to properly supervise and feed the child. Witnesses of neglect or those who can provide testimony may help, especially if the witness is unbiased and information comes from social workers or others who have seen the child supervised by the parent in question.

Wonder who is in charge of most Texas child custody issues? Most primary areas fall under the authority of the Child Support Division at the Office of the Attorney General. This office can also handle certain types of child custody disagreements.