Child custody cases are some of the most emotionally charged legal battles. When you’re fighting for time with your children, every decision matters. Texas family courts prioritize the child’s best interests, but parents often make critical child custody case mistakes that jeopardize their rights. A single misstep can cost you time, parental rights, and even your relationship with your child.
In this article, our experienced family law attorneys explain the top 8 child custody case mistakes and how to avoid them to protect your parental rights. But first, please watch this video by Senior Associate Attorney Stephanie Sabelhaus.
1. Ignoring Court Orders
Court orders are not suggestions. If the judge has issued a temporary custody or visitation schedule, you must follow it precisely. Violating a court order, even once, can paint you as an uncooperative or irresponsible parent. Judges frown upon parents who disregard their rulings, and repeated violations can result in contempt of court, loss of custody rights, or reduced visitation.
Example: If the court orders you to return your child to the other parent by 6:00 p.m. on Sundays, but you repeatedly drop them off late, the other parent can use this as evidence that you are not respecting the court’s authority.
2. Badmouthing the Other Parent
It’s understandable to have frustration toward your ex, but expressing those frustrations to your child—or even in public—can backfire. Texas courts consider which parent fosters a positive relationship between the child and the other parent. Speaking negatively about your co-parent can make you appear vindictive and unwilling to support your child’s relationship with them.
Example: If your child tells the court-appointed amicus attorney that you constantly call the other parent a “deadbeat” or “liar,” the court may view you as a barrier to healthy co-parenting.
3. Moving Without Notifying the Court
Texas law requires parents with primary custody to notify the court and the other parent before relocating. If you move without permission, the court may view this as an attempt to interfere with the other parent’s visitation rights. This can lead to a modification of custody or even loss of primary conservatorship.
Example: If you accept a job in Austin and move from Fort Worth without a judge’s approval, you may be forced to return or lose custody.
4. Failing to Document Everything
Custody battles often come down to evidence. One of the most common child custody case mistakes is failing to document any incidents, violations, or interactions that could affect your case. Keep records of missed visitations, concerning behavior or communication with your co-parent.
Example: If the other parent consistently cancels visitations, keep text messages and emails as proof. If your case goes to court, this evidence can demonstrate their lack of involvement.
5. Posting Questionable Behavior on Social Media
Social media can ruin your custody case. Anything you post online can be used as evidence against you. Texas courts take social media posts seriously, especially if they depict reckless behavior, partying, or anything that could suggest a lack of responsibility.
Example: If you post pictures of yourself drunk at a bar while your child is supposed to be in your care, the other parent can use this to question your judgment and fitness as a parent.
6. Being Uncooperative with the Other Parent
Texas courts prefer parents who can co-parent effectively. If you refuse to communicate, withhold information, or make things difficult for the other parent, the court may question your ability to act in your child’s best interests.
Example: Ignoring texts or emails about medical appointments, school schedules, or extracurricular activities can make you look like an unwilling co-parent. Judges often favor the parent who demonstrates cooperation.
7. Exposing the Child to Conflict
Fighting in front of your child can cause emotional harm and negatively impact your case. Texas judges take parental conflict seriously, as it can affect the child’s well-being. Courts may modify custody if they believe ongoing conflict is detrimental to the child.
Example: If you argue loudly during exchanges or involve your child in disputes, the other parent can use this to show that you are not acting in the child’s best interest.
6. Failing to Hire an Experienced Family Law Attorney
Child custody cases in Texas are complex, and the laws are constantly evolving. Without an experienced family law attorney, you risk making critical child custody case mistakes that could cost you dearly. A strong legal team ensures that your rights are protected and your case is presented effectively.
Example: Representing yourself in a contested custody case means you may not know how to challenge false allegations, introduce key evidence, or navigate court procedures. This can put you at a serious disadvantage.
Protect Your Custody Rights with Varghese Summersett
Avoiding child custody case mistakes is crucial, but every case is unique. At Varghese Summersett, our experienced Fort Worth family law attorneys fight for parents and children in custody disputes. Whether you need help building a strong divorce case, modifying an order, or enforcing visitation rights, we provide strategic legal representation tailored to your situation.
Don’t risk your parental rights. Call Varghese Summersett today at (817) 203-2220 or contact us online for a confidential consultation.
