Going through a divorce can be messy and stressful, especially when you are a father fighting for custody of your child. That is why understanding your rights as a father is incredibly important, especially during a divorce. In this article, we will go over how to fight for custody, common legal mistakes to avoid, what you can expect during your case, and how to make modifications to an existing custody agreement if needed.
How to Fight for Custody as a Father
Understanding your rights is important when fighting for custody as a father. Fighting for custody of your child is not easy, and requires preparation and commitment. Here are some key actions to take while fighting to keep custody of your child:
Be Involved
Being actively involved in your child’s life is vitally important. Attending medical appointments, school events, and even just spending quality time with your child will not only help your case but strengthen the bond between you and your child.
Document Everything
Keeping detailed records of everything, including visitation schedules, expenses, and communication with the other parent, can serve as evidence in court of your ability to provide a stable home for your child. Collecting school records, witness statements, and any other documentation that will support your role as a responsible parent will also help secure your case as well.
Consider Mediation
Showing a willingness to negotiate with the other parent will reflect positively on your case, as Texas courts favor cooperative parenting. Working towards a conflict-free agreement with your ex-spouse will ensure a smoother process to receiving custody.
Follow Court Orders
It is vitally important to always follow the existing custody agreements, if any, and follow court rulings. Failure to do so can be used against you in the future, weakening your custody claim, and making the process much more difficult and much more stressful.
Hire an Experienced Family Lawyer
Hiring a knowledgeable attorney can help you through the legal process, help you present a strong case, and will help advocate for your rights as a father. When navigating the complex custody process, having an expert to guide you will ensure a smoother, less stressful process.
These steps are important in improving your chances of getting custody of your child, and ensuring your child’s best interests and safety are met.
Avoiding Common Legal Mistakes Fathers Make During Divorce
There are many legal mistakes fathers can make during their divorce. Knowing what to avoid doing will help for a smoother process. Here are a few legal mistakes men make during their divorce to avoid:
- Moving Out Too Soon
- Withholding Information from Your Attorney
- Failing to Document Everything
- Relying on Verbal Agreements
- Ignoring Mediation and Negotiating
- Making Impulsive Decisions
Contacting an expert child custody lawyer will help you understand the common mistakes fathers make during this stressful time, and guide you through the process so you can avoid making these mistakes.
What to Expect During a Child Visitation Case
Understanding what to expect during a child visitation case can help you prepare and strengthen your case.
Before going to court, it is a good idea to attend mediation, as it is a good way to create a flexible, cooperative visitation plan, working with a neutral third party to reach an agreement. This allows you both to avoid a stressful, drawn-out legal battle over the custody and visitation of your child.
If an agreement cannot be made through mediation, the case will proceed to a court hearing. Both parents are required to attend and will have a chance to present their case to the judge, providing evidence and witnesses to testify on their behalf.
Having an experienced fathers rights attorney near you represent you in these court hearings will ensure that your parent’s rights are protected, and will help you gather the documentation and evidence needed to present a compelling case.
When determining visitation rights, The judge will always prioritize what’s best for your child’s emotional, mental, and physical well-being. There are several factors that they take into consideration.
The court will assess the bond you and your child have and will look at your history of involvement in their life, so remaining an actively involved parent is vital. They will look at the stability of your home environment, and your ability to provide a nurturing space for your child.
A court will favor parents who are willing to work together and cooperate, encouraging a healthy co-parenting relationship and won’t interfere with visitation. If there are any allegations of abuse, however, they will look into it, and if the issue proves to be an issue, the court may order supervised visitation, or deny visitation altogether.
After the evidence and testimonies of both parties have been reviewed, the judge will make their final decision, and issue a court order for visitation. This court order will outline the set schedule for visitation, any conditions, and guidelines for the communication between the parents regarding the visitation.
If anything happens that goes against the order, such as denial of visitation or failure to follow the agreement, legal action can be taken to enforce the order. If any circumstances in the household the child lives in change, whether it be safety issues or simple relocation, a modification can be requested.
How to Modify Child Custody Agreements as a Father
Either parent may request modifications of a child custody order. If you are looking to modify a child custody agreement as a father in Texas, you will need a valid reason for the modification. A few common reasons can be lifestyle changes, such as remarriage or moving due to a job, concerns for the child’s safety due to neglect or abuse, or violations of the existing custody order.
Texas courts will assess how these factors affect their mental, emotional, and physical well-being. The court’s main focus point is ensuring the child is in the safest environment. Modifying the custody order isn’t about one parent “winning”, but about the child’s safety. Consulting with an experienced child custody lawyer can help you understand your rights, and will walk you through the best course of action when looking to modify a child custody agreement.
How to Find the Right Divorce Lawyer for Fathers
Divorce can be stressful, especially when fighting for custody. Understanding your rights as a father is essential. To strengthen your custody case, stay actively involved in your child’s life, document everything, consider mediation, follow court orders, and hire an experienced family lawyer.
Avoid common mistakes like moving out too soon, failing to document, relying on verbal agreements, or making impulsive decisions. If mediation fails, a court hearing will determine visitation, prioritizing the child’s best interests. Courts assess parental involvement, home stability, and cooperation. Violations of a custody order can lead to enforcement or modifications.
If circumstances change—such as remarriage, relocation, or safety concerns—you may request a custody modification. A child custody lawyer, such as Eric M. Willie, can help protect your rights and navigate the legal process.
