Child custody cases can be extremely difficult to navigate. Not only are the adults often at odds throughout the process, but children may have strong feelings about the proceedings as well, depending on their age. As a result, these cases need to be handled with significant care by an experienced child custody attorney in San Antonio.

Factors Affecting the Outcome of a Child Custody Case

The Skill of Your Child Custody Attorney in San Antonio

One of the most important steps you can take early in your case is hiring a knowledgeable family attorney to represent you in court. Your attorney will be able to prepare you for your court date and guide you through the process of reaching an acceptable parenting arrangement. You will want to work with someone who has seen a wide range of custody cases and knows what to expect from your local judge.

It should come as no surprise that the lawyer with the deepest understanding of the law and the most comprehensive strategy will be the one that comes out on top. This is why you should make sure to find a legal team that has years of experience in this area of the law.

Organization of Your Case

Whether you are asking for sole or joint custody of your child, you will need to explain why you believe your request is fair. The best way to do this is with clear evidence of your ability to care for the child, presented in an orderly fashion without leaving things out. You want your case to be straightforward and not cause the judge to ask many questions.

A skilled attorney should help you craft a strong narrative and present a reasonable offer for custody that the judge can take into consideration. They will organize your evidence around this framework to lead the judge through your request and help them assess the situation as fairly as possible.

Evidence

If you are asking the judge to limit or deny visitation with the other parent, you must present strong evidence. In the state of Texas, this evidence can include everything from witness statements about past abuse to financial statements and even social media and text message transcripts. The judge will consider any and all evidence that may indicate one parent is unstable or unfit to have custody.

Knowledge of the Law 

Another area where an attorney can be of great value is in helping you understand the laws that will be used to make a final determination in your case. In Texas, there are a wide range of possible parenting arrangements available if both parties can come to an agreement. However, if the parties cannot agree, then the judge will usually fall back on the standardized visitation schedule to ensure the child has adequate time with both parents.

Presenting Yourself Well

First impressions matter when it comes time to meet the judge in your custody case. It is crucial for you to present yourself well by showing up to court well-dressed, ready to have a productive hearing, and prepared to answer questions in an open and honest manner. You do not want to leave the judge with the impression that you are not taking the case seriously or that you are unable to be civil with the other parent.

The Other Parent’s Behavior

While the other parent’s behavior is beyond your control, it can still have a major impact on the outcome of your case. For instance, if they are prone to angry outbursts or show up late and looking disheveled, the judge will take note. Your attorney will advise you on the best way to handle these situations so you come out looking good and don’t get goaded into a verbal altercation in the courtroom. Here are some examples to look out for:

Belligerent Behaviors

Parents who arrive in the courtroom looking for a fight and can’t seem to contain their anger or frustration will lose ground with the judge. This includes making snarky remarks, repeated eye rolling, making faces, or loud sighs, groans or mocking laughter that is disruptive to the court.

Unwillingness to Answer Questions Truthfully

Judges want to get to the bottom of things quickly so they can make a determination in the case. If one party repeatedly lies, refuses to answer, or exaggerates answers to make the other parent look bad, the judge may take this into consideration when it comes time to award custody. If you know the other parent is likely to lie or exaggerate their answers, you should be prepared with evidence to set the record straight.

Malicious Statements About the Other Parent

More and more custody cases these days include evidence from social media. When one parent is stirring up drama by posting harsh or negative statements about the other in the public square, the judge will want to know about it. These kinds of statements are widely seen as malicious and a sign that the parent will not be cooperative in the future.

Another problem with negative social media posts is that they suggest that the child will be subjected to hearing negative things about their other parent or may be put in the middle of conflicts between the adults. Courts expect both parents to support their child in having healthy relationships, and not try to turn the child against one another.

Ability to Cooperate

Except in the most extreme cases, the expectation will be that parents will share custody of the child and each maintain a healthy ongoing relationship with the child. For this reason, judges want to see that parents are willing and able to work together for the betterment of the child’s life. This means making concessions for holidays, travel arrangements, or other extracurricular activities whenever possible.

Cooperation also needs to be present during drop-off and pick-up periods as the child moves between houses. Parents who are unwilling to cooperate or who actively sabotage the other parent’s ability to spend time with the child will end up on the judge’s bad side. If one parent makes it clear that they will not comply with a judge’s order, this may drastically hurt their case.

New Partners and Re-Marriage

A judge may have questions if one parent is seeking to modify their custody arrangement after bringing a new partner into the home or remarrying. While having a new relationship is not necessarily a red flag, the judge may want to verify that this new adult is safe for the child to be around and that the relationship seems healthy for everyone involved.

If there is tension around a new partner, the judge may step in to ensure that the child is not being left with the new partner for extended periods or that the new partner is not present for exchanges with the former partner. Furthermore, if relocation is a consideration when it comes time to remarry, the judge may step in to determine a new custody arrangement that works for all parties.

At the end of the day, the judge wants to know that the child will be well cared for and have the ability to maintain meaningful relationships with both parents. The best way to achieve this is by hiring a dedicated child custody attorney in San Antonio to present your case in a favorable light and work toward an agreeable parenting arrangement for all parties.

To learn more about how to prepare for your upcoming child custody case in San Antonio, Texas, contact the Aida Rojas Law Firm today and schedule your consultation phone call.