10 Tips for Your Custody Battle

In Texas family law, custody disputes stand out as particularly challenging, both emotionally and legally. Many parents worry about their future relationship with their children, fearing an inability to reach an amicable agreement on possession and access. At Setzer Law Firm, PLLC, we understand these concerns and are committed to providing strategic guidance to enhance your position in a custody battle. Below are key strategies to help you navigate these disputes effectively.

Strategies for Success in Custody Cases

1. Establish Yourself as the Primary Caregiver

The court's determination of custody hinges on a variety of factors, all aimed at assessing what serves the best interest of the child. A crucial factor considered is the extent to which each parent has been involved in daily caregiving activities. Being the primary caregiver involves more than being present; it's about actively participating in your child's life.

Key Responsibilities to Highlight:

Involvement in academic responsibilities, including homework and school-related activities.
Managing school drop-offs and pickups.
Scheduling and attending medical appointments.
Creating and maintaining daily routines.
Recognizing and addressing your child’s health needs.
Consistency in caregiving before and during the custody dispute.

The court evaluates not only the quantity but the quality of time spent with the child, as well as each parent's capacity to prioritize the child's needs. Demonstrating your role as the primary caregiver can significantly influence the court's decision.

What This Means for Your Custody Battle

Being the primary caregiver doesn’t imply handling every aspect of your child’s life without support, nor does it mean monopolizing your child’s time. Instead, it's about showcasing a consistent, active involvement in nurturing and caring for your child. This commitment reinforces your position as the best-suited parent to hold primary custody, aligning with the court’s central focus on the child’s best interests.

Quality Over Quantity: The court appreciates a parent’s ability to facilitate a nurturing, stable environment for the child. This involves understanding the child’s emotional and physical needs, fostering educational growth, and maintaining a sense of normalcy and security in their routine.

Consistent Involvement: Courts look favorably upon parents whose involvement with their children is not reactionary or a recent development due to litigation but has been a constant presence in the child’s life.

Maintaining Educational Stability During Custody Proceedings

Ensuring your children remain in their current educational environment might seem obvious, yet it's surprising how often this aspect is overlooked during custody disputes. At Setzer Law Firm, we've observed cases where parents, driven by the turbulence of legal battles, have made the decision to pull their children out of school. This choice, often intended to gain an upper hand in custody battles or to isolate the child from the other parent, is misguided and can have the opposite effect in court.

The Impact of Withdrawing Children from School

A critical error some parents commit is abruptly removing their children from their established school setting under the pretext of litigation. This drastic step, intended to shield or distance the child from the other parent, involves relocating and enrolling the child in a new school clandestinely.

Court orders, such as standing orders or injunctions, typically prevent such actions by prohibiting the withdrawal of children from their current educational institutions during active litigation. Disregarding these orders can lead to significant legal repercussions, adversely affecting the outcome of custody disputes.

The Importance of Educational Continuity

Even in the absence of specific court orders, altering a child's school routine is generally discouraged. Courts may view these actions unfavorably unless justified by compelling circumstances, such as the child's unique educational needs that the current school cannot meet. In these situations, legal avenues exist to facilitate school changes appropriately, underscoring the necessity of legal consultation before making decisions that could influence your custody case.

School attendance and punctuality are crucial factors in custody litigation, often reflecting a parent's commitment to their child's educational well-being. In Texas, adherence to mandatory attendance laws is not only a legal requirement but also a measure of parental responsibility considered by courts in custody disputes. Here’s an analysis of the impact of school attendance on custody cases and how to navigate related challenges.

The Significance of Attendance and Tardiness

In many custody cases, a pattern of unexcused absences or consistent tardiness can negatively impact a parent's standing. Such patterns may lead the court to question a parent's dedication to the child's education and overall well-being. Texas law mandates school attendance, holding parents and guardians accountable for ensuring their children's compliance. Consequently, repeated violations can bear significant consequences, both legally and in terms of custody evaluations.

Understanding Excused Absences

While perfect attendance is ideal, there are legitimate reasons for absences recognized under Texas law, including but not limited to:

Religious observances
Required court appearances
Serving as an election clerk
Attending healthcare appointments

The Texas Education Code specifies these and other acceptable reasons for excused absences. Individual school districts may have additional criteria for what constitutes an excused absence. In general, absences may be excused for reasons such as illness (with a doctor's note), family emergencies, or medical treatments.

The 90% Rule and Its Implications

Texas schools enforce the 90% rule, stating that students must attend at least 90% of class time to receive credit or a final grade. This rule applies to all absences, including those excused under state law. Failure to meet this requirement can lead to academic penalties and may require intervention from an attendance committee. It underscores the importance of maintaining regular school attendance, as excessive absences can have dire consequences for a child's academic progress and, by extension, a parent's custody case.

Strategies for Managing Attendance Issues

To mitigate potential negative impacts on your custody battle, consider the following strategies:

Stay Informed: Familiarize yourself with the Texas Education Code and your child's school attendance policies. Understanding the rules helps you better manage your child's school attendance and justify any absences if necessary.
Document Everything: Keep detailed records of all absences, including the reasons and any documentation (e.g., doctor's notes, court orders) that supports the necessity of the absence.
Communicate: Proactively communicate with your child's school regarding absences and tardiness. Establishing a cooperative relationship with school staff can be beneficial in documenting excused absences accurately.
Seek Legal Advice: If school attendance issues become a significant concern in your custody dispute, consult with an experienced family law attorney. Legal professionals can offer guidance on mitigating the impact of attendance issues on your case.

3. Ensure a Secure Environment for the Children

In custody disputes, the court's paramount concern is the safety and well-being of the children involved. This necessitates that any individuals in the children's lives, especially new partners, do not pose any risk to their safety. For example, if a new partner has a criminal record related to sexual offenses or DUIs, the court may restrict their access to the children. Similarly, if you have a history of substance abuse, you must convincingly show that you are actively and successfully pursuing rehabilitation. Demonstrating a commitment to maintaining a secure environment is crucial in gaining the court's confidence in your custodial abilities.

4. Demonstrate Stability

Victory in a custody battle often hinges on the court's perception of stability within your home environment. The court aims to minimize disruption in the children's lives, making stability a critical factor in its deliberations. This encompasses various aspects of your life, including employment consistency, residential stability, and the management of any mental or physical health issues. Demonstrating that you're receiving ongoing treatment for health conditions and adhering to prescribed medications, if any, are vital. The court assesses these factors to gauge your ability to provide a stable, nurturing environment that serves the best interests of the children.

5. Avoid Undermining the Other Parent

Undermining the relationship between your child and their other parent can have negative implications for your custody case. This behavior, often referred to as parental alienation, includes actions like changing your child's school without the other parent's knowledge to limit their interaction or disparaging the other parent in front of or directly to the child. Other examples include restricting the child’s communication with the other parent or being secretive about the child’s whereabouts without a justifiable reason. Such actions can be detrimental to your case, as courts prioritize the child’s well-being and maintaining healthy relationships with both parents.

Adhering strictly to court orders regarding possession and access, unless mutually agreed otherwise, is essential. The court aims to minimize the child's exposure to conflict and ensure their stable development.

6. Shield Your Children from Legal Conflicts

Courts are particularly cautious about involving children in the disputes between their parents, aiming to shield them from the stress and confusion that litigation can cause. Exposing children to the details of a custody battle or disparaging the other parent within their earshot can lead to emotional distress and may compel them to feel they must choose sides. Such exposure is not only harmful to their emotional well-being but also frowned upon by the court, potentially impacting the outcome of your case.

Keeping legal discussions and disputes away from your children is crucial. It’s important to maintain a neutral stance regarding the other parent in the presence of your child to avoid causing them undue stress or trauma.

7. Timely Payment of Child and Spousal Support

Adhering to court-ordered child or spousal support payments is critical. Prompt payments not only show your compliance with court orders but also your commitment to the well-being of your children or spouse. Failure to meet these obligations can lead to severe legal consequences, including enforcement actions by the other party for any overdue amounts, which might include interest or even result in jail time. Ensure payments are made directly to the Texas Child Support Disbursement Unit to avoid disputes over whether support was paid. It's crucial to follow the specified payment method to ensure you receive proper credit for your contributions.

Should you face financial difficulties that prevent you from fulfilling support obligations, consult your attorney immediately. Unilaterally adjusting or withholding payments without court approval can significantly harm your case.

8. Embrace Co-Parenting Despite Challenges

Co-parenting can be challenging, especially amid lingering conflicts post-separation. However, demonstrating the ability to collaborate on parenting decisions can positively influence the court's view of your case. It's important to clarify that co-parenting doesn't mean acquiescing to all demands from the other parent. Rather, it emphasizes the importance of compromise and effective communication for the sake of your children's well-being.

Avoid unnecessary conflicts with your ex-partner, especially in front of the children. If communication becomes contentious, consider involving your attorney to mediate discussions. Your willingness to co-parent amicably, even in difficult circumstances, can significantly affect the court's decisions regarding custody and access.

In both support payment and co-parenting, maintaining a responsible and cooperative stance is paramount. Setzer Law Firm, PLLC, understands the complexities of navigating these aspects of family law and is here to provide the guidance and support you need to manage these responsibilities effectively.

9. Prioritize the Child’s Best Interests

Focusing on the child’s best interests should be the guiding principle in any custody dispute, although achieving this is not always intuitive for every parent. High emotions can sometimes lead parents to make decisions based on their feelings towards the other parent rather than what benefits the child. For instance, restricting access to the other parent out of spite harms the child’s emotional well-being and is contrary to their best interests. Similarly, neglecting to seek medical care for a child when needed prioritizes inaction over the child’s health needs. Always ask, “Is this decision in my child’s best interest?” before taking actions that could affect your custody case or your child’s welfare.

10. Present Your Best Self in Court

First impressions are crucial, especially in court where the judge’s initial understanding of your character is derived from legal documents and early interactions. It’s essential to convey the most authentic and positive representation of yourself as a parent. The court evaluates everything from the parties’ conduct to their stability and commitment to the child’s well-being. Demonstrating respect, responsibility, and a genuine commitment to your child’s best interest can significantly influence the court’s perception and decisions.

In all legal matters, especially those as sensitive as custody disputes, it is vital to act thoughtfully and consider the impact of your actions on your child. Setzer Law Firm, PLLC, is dedicated to guiding clients through these challenging times with strategic advice and compassionate representation. If you’re navigating a custody battle, contact Setzer Law Firm, PLLC, for professional support that prioritizes your child’s best interests and presents your case in the best possible light.