Custody battles are often a challenging and emotionally draining aspect of any separation or divorce. While every case is unique and determined by its specifics, understanding some common elements that can be used against a party can be beneficial in preparing and navigating through the process.
In the video, Atty. Tina Campbell of Turner-Monahan, PLLC, discusses these circumstances and suggests what not to do amidst a custody battle. All case evaluations at Turner Monahan PLLC and the attorneys’ suggestions are in light of Texas Family Law. This content is for educational purposes only.
Navigating Custody Battles: What Can Work Against You?
In a custody battle, several factors can be used against you, dependent on the specific court and its judgments. For instance, a violent past criminal history, especially incidents related to domestic violence or assault, can be a significant concern.
However, if these incidents occurred long ago (e.g. when you were 15 and you are now 40) and you’ve had a clean record since then, it might not be as influential. Past drug convictions could be considered, especially if there are allegations of current drug use, indicating a recurring pattern.
A frequently asked question is about the implications of mental health issues. Generally, if you’re actively addressing your mental health condition as recommended by a licensed professional, it shouldn’t be a detriment. It’s akin to managing any other medical condition like asthma or diabetes. If you take the prescribed medication responsibly, your health should not be a major concern.
Communication records, such as text messages and emails, are also commonly scrutinized. The tone and language, especially towards the other parent, can significantly influence the court’s view. Remember that your words might sound different when someone else reads them aloud in a court setting. Moreover, in more conservative courts, such as some in the DFW Metroplex, the use of inappropriate language or derogatory remarks can adversely affect your case.
Lastly, be cautious about your online presence. Photos, as well as posts on platforms like Facebook, Instagram, and TikTok, can be used as evidence. Ensure that you monitor what’s posted on your accounts, including by others. For instance, endorsing a negative post about the other parent could be detrimental to your case, as it’s all about the judge’s perception of you.
For the best outcome for your case, seek the advice of a trusted family law firm such as Turner Monahan, PLLC.
Applying Texas Family Code in Inter-State Divorce Cases
When faced with custody battles, the nuances of the Texas Family Code come to the fore, shedding light on vital factors that courts consider during judgments. Delving into these details can empower parents to navigate these legal terrains more effectively.
1. Past Criminal History
The Texas Family Code provides clarity on how courts approach a parent’s past criminal history during custody considerations. Notably, while past incidents such as domestic violence or assault can be deeply concerning, their impact might vary based on when they occurred. For instance, if these incidents took place several years ago and there’s been a clean slate ever since, they may not wield as much influence as recent events. In line with this, while
Section 261.001 doesn’t specifically discuss past crimes; it does define child abuse to encompass instances of physical, emotional, or sexual maltreatment. Further, Section 153.004 accentuates that the presence of a family violence history can play a decisive role in determining sole or joint managing conservatorship.
2. Implications of Mental Health
The implications of mental health in custody battles are multifaceted. Although the Texas Family Code does not explicitly delve into mental health disorders, Section 153.002 emphasizes that the child’s best interest remains paramount.
Drawing parallels with managing physical health conditions like asthma or diabetes, if a parent diligently addresses their mental health condition, it can serve as a testament to their commitment to ensuring a safe and nurturing environment for the child.
3. Communication Records and Behavior
Communication patterns, particularly in written forms like text messages and emails, often come under the court’s microscope. Specifically, Section 153.073 enumerates a conservator parent’s rights, which, among other things, stresses the importance of fostering a positive relationship between the child and the other parent.
Derogatory remarks or behaviors hinting at alienating the child from the other parent, especially when reflected in communication records, can detrimentally sway court judgments. This is especially true in more traditionally conservative courtrooms such as those in the DFW Metroplex.
4. Online Presence and Social Media
The digital age has ushered in new arenas for consideration, notably one’s online presence and behavior on social media platforms like Facebook, Instagram, and TikTok. While the Texas Family Code doesn’t pinpoint social media conduct, the principle enshrined in Section 153.002 prevails: any action or evidence hinting at a parent’s inability to champion the child’s best interests can be germane. Photos, endorsements, or posts that might tarnish one’s character or judgment could potentially mold the court’s perception.
Given the intricacies of the Texas Family Code and its nuanced application in custody battles, engaging an attorney becomes crucial. A knowledgeable attorney can adeptly navigate the legal complexities, ensuring that your case is presented effectively and that your rights as a parent are robustly defended.
Dealing with harassing texts during a custody battle? Navigating such distressing communications can be a minefield, especially in our digital age. Discover how you can best manage these situations, ensuring that you not only protect your emotional well-being but also secure your legal standing. Dive into the dos and don’ts of handling texts, emails, and calls during contentious custody disputes. Learn More Here!
Hire An Experienced Fort Worth, Texas, Divorce Attorney
Custody disputes are intricate by nature, weaving personal histories, emotions, and legal statutes into a complex tapestry. Navigating this challenging landscape without expert guidance might lead to oversights and unintended pitfalls.
Engaging an experienced attorney ensures that all aspects of one’s case are correctly presented and the nuances of laws, like those in the Texas Family Code, are aptly addressed.
Remember, it’s not just about presenting your side of the story; it’s about doing so within the parameters set by the law. An attorney doesn’t just represent you; they safeguard your rights and interests in the best possible manner. Schedule a free, no-obligation consultation with attorney Tina Campbell to discuss the details.
Don’t let uninformed choices jeopardize your future. Discover the pitfalls to avoid during a divorce. Download the guide now: 5 Mistakes That Are Going To Hurt Your Divorce. Get your free PDF!
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are My Chances of Getting 50-50 Custody of Our Child?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- Choosing between mediation, trial, and arbitration. Which is the best alternative?
- What is the difference between sole and shared custody?
- What Is The Difference Between Prenuptial And Postnuptial Agreements?
- What Is A Common-Law Marriage? Can I Get A Divorce From It?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
