Although parents are always encouraged to reach an agreement regarding custody of their child, there are times when an agreement simply cannot be reached. A custody battle can be confusing and overwhelming. Whether in the context of a divorce, establishing paternity, or modifying an existing agreement, here are five things you can do to prepare for your custody case, whether the matter is amicable or highly contentious:
1. Familiarize yourself with the child custody laws that apply to your case
This means sitting down and speaking to an attorney about your specific situation. It is most helpful to do this as far in advance as possible so that you can create a plan of action before filing the case in court. Once your case is filed, your attorney will also speak with you about who your judge will be and how he or she typically interprets the Texas Family Code.
2. Identify witnesses
Testimony can help the judge determine the merits of your claims in a child custody case. The most influential witnesses tend to be unbiased and have personal or expert knowledge of both the child and the parents. Start by making a list of potential witnesses, such as: E.g. daycare centers, teachers, doctors, colleagues or neighbors.
3. Keep records of everything
Document who spends time with your child and note who cares for the child’s daily needs while in each parent’s care. Track both parents’ involvement in the child’s activities, education, and medical appointments. If the child’s other parent denies you time with the child, be sure to keep detailed records of your attempts to spend time with the child and the other parent’s denials.
4. Collect evidence
Some of the most common types of evidence offered in a custody case include correspondence between parents such as emails, text messages, voicemails, letters, photos, videos, audio recordings and schedules. Other documents such as financial, medical, school and police reports can be crucial in proving your claims in court. Gathering these documents before starting a custody case can save a lot of time and money after the case is filed.
5. Hire a lawyer
For any contentious custody dispute, parents should consider hiring an experienced attorney who has extensive experience in child custody. Hiring an attorney who is knowledgeable about the nuances of child custody cases can make all the difference in properly representing your case in court.
Sarah C. Seltzer is a family law attorney practicing in Tarrant County, Texas, and surrounding counties. Sarah is certified in child welfare law by the Texas Board of Legal Specialization, is AV Preeminent Peer Rated by Martindale-Hubbell, recognized as a Super Lawyers “Texas Rising Star” since 2019, and was named a top family law attorney by Fort Worth Magazine since 2015.
For more information, visit YourTexasFamilyLawyer.com or call us at 817-887-9206
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