How To Prepare For A Child Custody Hearing In Texas

In this article, you can discover…

• How to prepare emotionally for the hearing.
• Common mistakes to avoid during a custody hearing.
• What to do if a spouse presents false information in court.

What Documents Do I Need To Bring To A Child Custody Hearing?

Many of the most important documents are your communications with the other parent. If this includes text messages or recordings of phone conversations, be sure to discuss this with your attorney so that they can be properly shared and presented at the hearing. These records can help back up your claims of good parenting, help establish poor parenting by the other party, or help refute their claims that you are being negligent or unattentive.

While it may not occur to many clients, photos can be an excellent form of evidence to bring to a hearing. Photos of you and your child can help a judge understand who is being spoken about and how much your relationship with your child means to you. They can also help the court focus on what is in your child’s best interests.

How Could I Prepare My Child Emotionally For The Custody Hearing?

In most cases, a child won’t need to be a part of the hearing, but in special cases, your child will need to speak to a judge and talk about their experiences and relationships with their parents. Honesty is always the best policy, and the simplest way to handle this is to encourage your child to tell the truth.

Let your child know that neither you nor the other party will be mad at them for being honest and that it’s ok to tell the judge what happened and what your family’s dynamics are like.

What Questions Will Judges Typically Ask A Child In A Texas Custody Hearing?

Your child will usually meet the judge in their chambers or office, as opposed to in a courtroom. Judges will seek to get information about family dynamics, domestic situations, and the child’s best interests but will generally do so in a roundabout way.

For example, a judge is unlikely to blatantly ask, “Does your father drink a lot when you’re at his house?” Instead, a judge will ask gentler questions such as “What happens when you go to your dad’s house? What is it like for you there?”

These questions can help a judge understand your family situation and then ask you and the other party more detailed questions to clarify your child’s statements. This questioning method allows your child to speak in their own words and convey information without putting too much pressure on your child.

Attorney Christina Perrone is a hard-working family law attorney serving Texas. For over 15 years, she’s helped clients just like you prepare for child custody hearings, keep their children’s well-being at heart, and fight hard for their rights as parents.

Have questions, or in need of determined legal representation?

Reach out to The Perrone Law Firm, PLLC, at (903) 964-1122 for an initial consultation today.

Never tell your child what to say or what not to say during a custody hearing. This is extremely inappropriate; simply ask your child to tell the truth. It’s also crucial to not use your child as a spy or an informant against the other parent and not to use access to children as a way to get even with the other party.

During the hearing, conduct yourself in a way that is respectful and demonstrates a willingness to work with the other party for what’s best for your child. This allows your testimony to be given more weight and will help a judge reach a decision that is considerate of your evidence and your child’s well-being.

What Happens If My Spouse Presents False Information In Court?

The best way to prepare for false evidence is to have your own evidence ready to demonstrate the truth. Make sure you plan ahead of time with your attorney to brainstorm what the other party’s criticism or false claims might be and what evidence you can present to counter those claims.

For example, your spouse might claim that you are mentally ill and a danger to your child. Evidence to counter these claims could include written statements from your therapist describing your former mild anxiety, the steps you’ve taken to improve your mental health, and explaining that these former issues don’t impact your ability to parent or keep your child safe.

What Should I Do If I Disagree With A Texas Family Court’s Custody Decision?

You and your attorney can file a motion for a new trial or appeal a court’s decision in hopes of receiving a different judgment from a higher court. In Texas, you can ask a court to modify a custody order after a year if you feel the judge’s arrangement isn’t working for you or your family.

If you anticipate the court may not give you a decision you’ll be happy with, you can request ongoing parental facilitation to work out an agreement with the other parent while you wait for modification to become an option. This can help you settle differences and constructively iron out a plan that works better for you and your child.

Still Have Questions? Ready To Get Started?

For more information on Preparing For A Child Custody Hearing In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (903) 964-1122 today.