Resolving A Contentious Custody Dispute
By: Vernier & Associates, PLLC | Published 08/24/2022
Going through a divorce is difficult for any Texas resident. When there are children involved and there’s a contentious custody battle, you need all the help you can get. These tips may help you resolve any related issues.
What factors does the court consider when deciding custody?
No matter how heated your custody battle is, it’s important to remember that the court bases its decisions on what’s in the child’s best interests. As a result, the judge will consider certain factors that play into that, including the following:
• Who is considered the primary parent.
• The relationship the child has with each parent separately.
• The willingness of each parent to encourage the child to maintain contact with the other parent and the frequency of that contact.
• How well the child would be able to adjust to their home and school environment.
• The child’s physical health and mental well-being.
• Both parents’ physical health and mental well-being.
• The desires of the child and both parents.
Another factor the court will consider during a contentious custody battle is whether one or both of the parents have lied or behaved egregiously in order to gain an upper hand. If a parent shows such aggression, it can negatively impact their chances.
What documents might help in court?
Certain types of documents might be able to help you in court when you’re going through a custody battle. Keeping a detailed journal that takes into account phone calls and visitation with the child is crucial. Communication records show the judge how often you have been in contact with your child. If you had a frequency in calls but your former spouse stopped allowing you to speak with the child, it can show their character.
Your child’s records can be strong evidence in the case. Documentation showing they do well in your care can strengthen your custody claim. Financial records can show how much money you’ve spent for the benefit of your child.