How to Build a Strong Case With a Child Custody Attorney

Child custody is always a contentious and difficult part of the divorce. To win custody, you need a strong case, and to build a strong case requires strategic planning and legal skill. An experienced child custody attorney in Austin, TX can help you build a case that argues persuasively for what is best for you and your children.

How to Build a Strong Case With a Child Custody Attorney

Get a Firm Grasp of Texas Child Custody Laws

The first thing to know is that the standard for the Texas court in these cases is the “best interests of the child.” That is always at the forefront of the judge’s mind. In other aspects of a divorce, the judge will consider what’s best for the two spouses and what is equitable. But when it comes to child custody, nothing matters except what is best for the child. This means the court wants to know what situation will best promote the child’s safety, stability, and provide for their emotional and physical needs.

Texas uses terms like “managing conservatorship” to refer to who has decision-making authority in a child’s life and “possession” to refer to physical custody. Joint managing conservatorship, where both parents share decision-making, is presumed best unless there’s evidence of abuse, neglect, or something else that suggests otherwise. Your attorney will explain whether sole or joint conservatorship is likely in your case and help you think through what possession schedule would work best for your family.

Confirm Eligibility and Get Started

To file a custody case, you must meet Texas jurisdictional requirements. That means the child or children in question must have lived in Texas for six months (or since birth if younger). Your attorney will file a Suit Affecting the Parent-Child Relationship (SAPCR) in the appropriate district court and help you articulate your goals, gather whatever initial evidence you need to prove your case and demonstrate your commitment to your child’s welfare and success, and then put that evidence together in a persuasive way. Your attorney can also help you at this point to anticipate what roadblocks might come up as you attempt to gain custody and develop a strategy to deal with them.

Developing a Strategic Parenting Plan

The courts always like it when parents can come up with a parenting plan on their own, but that plan must be one that the courts believe is in the best interest of the child, and it must follow Texas law. Your attorney can help you to craft a good one that outlines who should have conservatorship, what kind of schedule for possession and visitation should be made, who should make decisions for your child, and more. There is a standard possession order that the court can use, but this may not work well for your family. If you and your attorney can negotiate with the child’s other parent, you may be able to come up with a customized schedule that is much more in keeping with your needs rather than leave it to the court.

Another part of developing the schedule may include dealing with the terms of child support. Child support is usually paid by the noncustodial parent and is calculated as the percentage of their net income. But you’ll also need to factor in any additional expenses, like health insurance or extracurricular costs. If your child has unique needs, such as for therapy or specialized schooling, your attorney will help you propose calculations to cover these.

Preparing for Mediation

If the other parent disputes your proposed plan, your attorney will prepare for mediation. They’ll coach you to help you stay focused on the child’s needs and avoid getting sucked into arguments about personal grievances, and propose some compromises that might allow you and the other parent to come to an agreement. Your attorney will also, of course, review any mediated agreement you and the other parent come to and ensure it’s legally sound and enforceable as well as in your best interests.

Preparing for Contested Custody Hearings

If mediation fails, your attorney will help you prepare for a contested custody hearing. A lot of work goes into this. You’ll need to compile a case by organizing all the evidence and putting it together in a persuasive way. Evidence you’ll need could include information about your child’s schedule, calendars showing your parenting time and personal schedule, character references, reports from expert witnesses, and a lot more.

If you’re trying to argue that the other parent is unfit to have custody, then you’ll need to present specific evidence to this effect. This means you’ll need documented proof of neglect, abuse, or substance abuse in most cases. Your attorney will also prepare for the custody hearing by looking over the other parent’s evidence in advance so they are ready to cross-examine witnesses and make objections as necessary.

Your attorney may also call in some expert witnesses, like a child psychologist, to testify about your child’s emotional needs. They’ll prepare you to testify confidently so you’ll make a good impression on the court and show precisely why you’re the parent best positioned to provide stability to your child.

Post-Hearing and Enforcement

After the hearing, the judge will issue a custody order, and your attorney will ensure the order is clear and that you fully understand all the terms. Then your lawyer can help you with implementing that order. If the other parent refuses to follow the order, your attorney can get to work asking the courts to enforce the order and seeking remedies against the violations, if that’s appropriate.

Choosing Your Austin, TX Child Custody Attorney

First, look for a lawyer who has extensive experience in Texas family law; ideally working at a firm that specializes in family law specifically. You’ll also want to review their success rate in custody disputes and ask about their approach to mediation versus litigation and their familiarity with local judges. Discuss payment options if costs are a concern.

Your attorney should be able to clearly explain Texas custody terms, such as the difference between legal and physical custody, and give you a clear and competent assessment of whether your case qualifies for exceptions to the joint conservatorship presumption.

Since you’ll be working closely with this attorney, it’s important that you be able to communicate well together. During your first meeting, pay attention to how you feel as you talk to the attorney. Do they make you feel heard and secure, or confused and sidelined? Be sure to ask about how you’ll communicate with the attorney moving forward, how often you should expect updates on your case, what the attorney will need from you, and what advice your attorney has for helping things to go more smoothly. It’s also worth asking if there’s anything your attorney advises you to do to protect yourself or your child during this time.

For help with your child custody case, reach out to the Evans Family Law Group in Austin today to set up a consultation.

James Evans

James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions

Named one of Texas Monthly’s “Super Lawyers” from 2015 – 2022
Named by Martindale as one of the “Top Lawyers in Texas”
9.5/10 rating on Avvo, based on clients’ reviews
Featured as a legal expert on Austin’s local radio station

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