Child custody cases are always unique, and unless an amicable agreement is reached outside of court, expect a complex trial. Due to the way Texas state law governs child custody cases, you should consult a child custody attorney in Houston before even filing for divorce. However, if that has already happened, and you’re looking to retain custody of your children, here are some mistakes to avoid.
Ask a child custody attorney in Houston: 5 mistakes to avoid
1. Stay healthy
When a custody battle ends up in the courts, both sides tend to look for ways to discredit the other so as to achieve the result they’re hoping for. Unfortunately, this can even extend into your personal health. There are already plenty of cases on the books that have withheld full custody from smoking parents due to the potential for harm to their children. However, some new cases are taking this another step further.
For instance, around the country, several custody cases have hinged on a parent’s vaccination status. As there are still many unvaccinated adults in the United States, courts from Chicago to New York have ruled against unvaccinated parents having custody of their children until they rectify their situation. Your health can be called into question when determining your fitness for custody, so be sure you stay healthy and take all of the necessary precautions before going to trial.
2. Steer clear of drugs and alcohol
Another health aspect to consider are substance use habits. While mild alcohol consumption should not preclude you from having custody of your children, drug use certainly can, as can excessive drinking. Texas has a long history of limiting child custody for marijuana users, not to mention their strict treatment of users of more serious drugs. While a Houston child custody lawyer might have better odds since Houston is a more liberal city, state law still does not recognize marijuana as a legal drug.
However, this trend is starting to shift. As medical marijuana has become more acceptable in Texas, courts are starting to rule more leniently when legitimate use is involved. Nevertheless, some courts may still take a more conservative approach to this issue. If you are about to fight for custody of your children, it would benefit you to keep your body clear of drugs and alcohol in the event the issue is brought up and a test is ordered.
3. Don’t break the law to gain an advantage
Perhaps you know that your soon-to-be-ex-spouse was up to no good, and you want to gather evidence to use in your court case. Don’t do what one husband did, which was to record around 756 hours of intercepted conversations between his wife and others. While Ruiz, the husband in question, pleaded the fifth and never explained where these recordings came from, his wife had her own theories.
She alleged that Ruiz had set up wiretapping equipment in her home prior to moving out. The civil court judge agreed, despite protests from the husband’s attorneys. The wife won her divorce case, including child custody and support payments. The husband in this scenario would have been better off presenting a reasonable argument based on legal evidence, instead of breaking the law to gain an advantage.
4. Don’t go into your case unprepared
Many families assume that by default, the court will target a 50/50 custody distribution. However, that is not how Texas state law works. In Texas, custody cases start out with a 75/25 split in mind and typically give majority custody to the children’s mother. If this is not the outcome you are looking for, then you need to be prepared. You’ll have to fight and litigate just to get to 50-50; to flip the balance entirely requires even more work.
This is where an experienced child custody attorney in Houston will come in handy. You’ll need someone who knows how to sway the court to give you the custody agreement you’re looking for.
5. Don’t leave the country
After a man was given majority custody of his children, he expected his ex-wife to return with their son after a weekend outing. However, she made a run for Mexico because she was worried she might lose custody later. This is more common than people realize. In fact, over a quarter of such cases involve crossing the Mexican border. Once international borders are crossed, your case follows the International Parental Child Abduction law, which severely penalizes the abducting parent.
Although it’s understandable that parents will go to great lengths to retain custody of their children, you should always make decisions that respect the law. Even small mistakes can lead to serious consequences in a child custody case. Before you do anything, you should consult a lawyer that knows family law. With sound legal advice, you can avoid these mistakes and improve your odds of securing a favorable custody agreement.
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