Going through a contested child custody case in Texas can feel stressful and overwhelming. You’re trying to do what’s best for your child while also dealing with a confusing legal process.Texas courts prioritize the child’s best interests, but it’s not always easy to know how to demonstrate that—or which missteps could end up hurting your case. Whether you’re just getting started or already in the midst of one, avoiding common mistakes can make a big difference. Here are five mistakes to steer clear of during a contested child custody battle in Texas.
1. Letting Emotions Drive Decisions
It’s understandable to feel angry, frustrated, or hurt after a divorce. However, letting those emotions control your actions during a contested child custody case can backfire. Some different scenarios include:
- Making impulsive decisions out of spite or frustration may be viewed negatively by the court.
- Avoid using your child as a messenger, bargaining tool, or weapon against the other parent.
- Focus on your child’s well-being and demonstrate that you can co-parent effectively, even in challenging circumstances.
Texas judges often look for the parent who can act in the child’s best interest and not the one who “wins” arguments in court.
2. Failing to Keep a Record
Documentation is important in any Austin contested child custody case.
- Keep a detailed log of visitation exchanges, missed appointments, communications, and any conflicts.
- Save texts, emails, and voicemails that support your case, especially those that demonstrate cooperation (or lack thereof).
- Make note of your child’s emotional and physical well-being after visits.
Proper documentation can help build credibility and show the court that you’re engaged and responsible.
3. Not Following Temporary Custody Orders
In many contested child custody cases, the court issues temporary orders that remain in effect until a final decision is made. Ignoring or violating these orders can seriously hurt your case.
- If you’re granted supervised visitation, don’t attempt unsupervised contact.
- If there’s a schedule in place, follow it exactly. Late pickups, skipped visits, or unauthorized changes may be used against you.
- Courts view parents who follow temporary orders as respectful of the legal process and capable of prioritizing their child’s needs.
Complying with temporary orders helps to build trust with the court and can positively influence the final decision in your contested child custody case.
4. Badmouthing the Other Parent
One of the most damaging mistakes you can make in a contested child custody case is badmouthing the other parent, whether it’s in front of your child, to mutual friends, or on social media. Texas courts pay close attention to how each parent supports or hinders the child’s relationship with the other parent. If you’re seen as trying to damage that bond or undermine the other parent’s role, it could negatively affect how the court views your parenting. It’s important to avoid discussing the case with your child and to keep your frustrations between yourself and your legal team. Demonstrating maturity, respect, and emotional restraint can go a long way in showing the court that you’re focused on your child’s well-being.
5. Not Hiring an Experienced Child Custody Attorney
Trying to navigate a contested child custody process on your own, or hiring a lawyer who doesn’t specialize in family law, can lead to costly mistakes that impact not only your case, but your child’s future. Contested custody cases involve complicated legal standards, emotional testimony, and important deadlines. An experienced Austin contested child custody attorney knows how to build a strong case, highlight your strengths as a parent, and prepare you for court. They can also guide you through emotional decisions, handle negotiations, and advocate for your rights along the way. Having the right Austin family law attorney by your side can make all the difference in achieving the best outcome for your family.
Hiring an Experienced Austin Family Law Attorney
Every child custody case is unique, and when conflict escalates, it’s important to have the right legal support in your corner. At Deyerle Silva Smith, PLLC, we help parents navigate contested child custody cases with confidence. From start to finish, our team is committed to helping you move forward while protecting your child’s future. If you’re ready to take the next step, reach out today to schedule a consultation with one of our trusted Austin contested child custody attorneys.