If you’re in a custody dispute with an ex-partner, preparing thoroughly, focusing on the child’s best interests, and working within Texas family law under the guidance of a San Antonio, TX custody lawyer who understands how it is interpreted by the courts is the best way to present a strong case. Here’s some of what you can do as you work with your attorney:

From a San Antonio, TX Custody Lawyer: How to Strengthen Your Custody Case

Focus on “Best Interests of the Child” Legal Standard

The “best interests of the child” standard guides the court in all decisions about which parent should have primary custody or how custody should be shared. To strengthen your case, you should talk over with your lawyer what this standard means to the court and how you can demonstrate that your preferences for your child’s custody align with it. Factors usually considered under this standard include the emotional and physical needs of the child, the stability of a parent’s home, and the ability of each parent to prioritize the child’s welfare.

To make your case stronger, you’ll want to show exactly how you can meet your child’s emotional, educational, and medical needs better than the other parent. Providing evidence of your involvement in your child’s life, such as by attending school events, helping with homework, and taking care of medical appointments, will support your argument.

Present a Stable and Supportive Environment

The parent who can best provide consistent routine, emotional support, and a safe home will have an advantage in a custody dispute. If you are living in a home that offers continuity for your child – close to their school or daycare; near to relatives and friends they’ve built ties with, etc – and can maintain a routine that minimizes disruption to the child’s life by your divorce, the court will look favorably on this. Providing evidence of stable employment, a safe home environment, and consistent caregiving routines will reinforce your case.

Demonstrate Cooperation with the Other Parent

While it may feel counterintuitive, showing that you are willing to cooperate with the other parent can actually strengthen your case. Texas courts prefer arrangements where both parents are involved in raising the child, as long as it is in the child’s best interest, so by demonstrating that you are open to co-parenting, even if the relationship with the other parent is strained, you show the court that you put your child’s needs above your own. Parents who refuse to cooperate are usually seen as being more worried about themselves than their child.

Instead of focusing on the negative aspects of the other parent’s behavior that are driving your divorce, emphasize how you are willing to foster a cooperative relationship when it comes to parenting. If there are real concerns regarding the other parent’s conduct, of course, such as substance abuse or neglect, present these to the court; but keep it factual and as objective as possible.

Gather Strong Evidence to Support Your Case

The stronger your evidence of your good parenting skills and involvement in your child’s life, the better you can support your position regarding custody arrangements. One of the most effective ways to gather evidence is by documenting your involvement in your child’s life. Gather school records showing your participation in parent-teacher conferences, medical records proving you’ve attended medical appointments and been a major part of all healthcare decisions, and even keep the receipts from extracurricular activities that show your financial and emotional investment in your child’s development.

Keeping a journal of your interactions with the other parent and your child can also help. Be sure to detail the time you spend with your child, what you do together, and any serious interactions with the other parent. If the other parent is inconsistent with visitation or behaves in a manner that raises concerns, documenting this behavior will provide the court with a clear picture of your concerns, but remember that it’s important to keep your journal factual and free from emotionally charged language or accusations.

Another type of evidence that will help you is testimonies from others in your child’s life, like teachers, caregivers, family members, church leaders, or friends who can speak to the strength of your relationship with your child.

Be Mindful of Your Conduct During the Case

The court is going to watch your behavior throughout the custody dispute, so be mindful of how your actions may be perceived. Texas judges are looking for parents who demonstrate responsibility, maturity, and the ability to manage the stress of a custody battle without letting that stress bleed over into their relationship with that kids. Be respectful in court proceedings, maintain appropriate and polite communication with the other parent, and follow all temporary custody orders, if they are in place, and even if you’re fighting for a change.

Social media posts or comments can also be used against you and paint you in a negative light, whether they involve inappropriate behavior, substance use, or disrespect toward the other parent. Avoid posting about the custody dispute on social media entirely: even seemingly harmless comments can be misinterpreted or used out of context. Be on time to every court hearing, mediation, and meetings with your attorney, and come prepared.

Address Any Concerns About Your Parenting Aggressively

If there are concerns regarding your parenting, it’s important to address these issues head-on. Whether these concerns involve substance abuse, mental health issues, or instability in your personal life, don’t ignore them.

If you truly are dealing with personal challenges that may affect your ability to parent, it’s important to show the court that you are actively working to resolve these issues. For example, if there is a concern about substance abuse, enroll in a rehabilitation program and attend therapy sessions to show the court that you’re committed to bettering yourself for the sake of your child. Courts look favorably on parents who are willing to take responsibility for their shortcomings and show improvement.

If the allegations made against you are false, however, you still want to go at them aggressively. You’ll want to gather evidence to refute these claims, and your San Antonio, TX custody lawyer will help you here. You might need testimonies from others who can speak to your behavior, clean drug tests, or documents proving the stability of your home life. Just remember to present this evidence calmly and respectfully rather than responding emotionally to accusations, even if those accusations are lies.

Maintain a Positive Relationship with Your Child

The court will carefully consider the relationship each parent has with the child when making decisions about custody arrangements. The judge wants to ensure that the parent who is awarded custody, or primary conservatorship, can provide a nurturing, supportive environment. Consistently spending quality time with your child, helping them with schoolwork, participating in extracurricular activities, and simply being there for everyday routines reinforces your role as a dependable parent.

The best way to present a strong case is to have a legal professional on your side. Visit the Rojas Law Firm, PLLC
in San Antonio when trust matters: Aida Rojas is one of the city’s top family lawyers with more than 20 years ​of experience as the first ​choice for families.