6 Ways to Win Child Custody in Texas

Winning child custody battles are never easy. For parents going through a divorce or separation in Texas, the stakes couldn’t be higher—your child’s future is on the line. It’s no secret that Texas custody cases can be emotionally challenging and legally complex. But with the right approach, preparation, and guidance, you can tilt the odds in your favor.

This guide will walk you through six practical steps to increase your chances of winning child custody in Texas. By the end, you’ll better understand the legal process and what actions you can take to position yourself as the best parent for your child.

Understand Texas Child Custody Laws

Winning a child custody case starts with understanding how the system works. Texas custody laws use specific terms and standards that may be unfamiliar if this is your first time dealing with family courts. Here’s a quick breakdown of the key concepts you’ll need to know:

Custodial and Non-Custodial Parents

“Custodial parent” refers to the parent with whom the child primarily resides. The “non-custodial parent” may have visitation rights outlined in a court-ordered schedule. Both parents may share decision-making authority, depending on the type of child custody arrangement.

Standard Possession Order (SPO)

Texas law provides guidelines for visitation through what’s called the “Standard Possession Order.” This schedule determines when the non-custodial parent spends time with the child, typically on weekends, holidays, and during school breaks. Courts may adjust this schedule based on the circumstances.

Best Interest of the Child

Texas courts prioritize the “best interest of the child” above all else when making child custody decisions. This term includes several factors, such as the child’s emotional and physical well-being, the parents’ ability to provide a stable home, and any history of abuse or neglect.

Understanding these terms and their legal implications will help you set realistic expectations and focus your energy where it matters most.

Related reading:  Texas State Law Library – Child Custody and Support

Gather Evidence – Make your case for Child Custody

One of the most important steps in any child custody case is gathering evidence to demonstrate your fitness as a parent. You’ll need to show that you’re capable of providing a nurturing, stable, and safe environment for your child.

Document Everything

Keep a detailed record of your interactions with your child, communications with the other parent, and any disputes or concerns. This might include text messages, emails, calendars of visitation schedules, and notes about significant events. These records can serve as valuable evidence in court. Always communicate in writing with the knowledge that someone else will likely be reading it. Remember that the judge that will be deciding your child custody case will likely read what you have sent to your child’s other parent.

Highlight Positive Parenting

Document moments that showcase your involvement in your child’s life, such as attending school events, helping with homework, or participating in extracurricular activities. Photos, videos, or notes from teachers and coaches can demonstrate your active and positive role.

Address Concerns

If you suspect the other parent is engaging in behavior that could harm your child—such as neglect, substance abuse, or unsafe living conditions—document these issues. Always consult your attorney before presenting such concerns to the court.

Related Reading: Understanding the different types of Child Custody in Texas

Focus on the Child’s Best Interests to Win Child Custody

Texas courts base child custody decisions on what is best for the child, not the parents. To strengthen your case, you must demonstrate that you prioritize your child’s needs and welfare above all else.

Provide Stability

Courts value stability, so demonstrate that you can provide a consistent home environment, regular routines, and continuity in your child’s life.

Actively participate in your child’s day-to-day activities

Know your child’s teachers doctors, interests and yes, what book they are currently reading. This seems simple, but you would be surprised how many parents get on the witness stand and can’t tell the judge the names of their child’s teachers or doctors. Reach out to them. Know what subjects your child is struggling in. Get to know their teachers. Actively participate in their projects and extra-curricular activities. If your child is in ballet or soccer, get to know the coach and teachers. Know who their doctors are. When was the last time your child went to the doctor and for what. Be prepared to tell your attorney what it is like in your household when you have your child. What the daily activities are, etc.

Support Your Child’s Relationship with the Other Parent

While child custody cases can be contentious, courts favor parents who encourage their child’s relationship with the other parent. Avoid speaking negatively about the other parent in front of your child, and show that you’re willing to co-parent effectively.

Address Your Child’s Specific Needs

If your child has unique needs—whether medical, educational, or emotional—provide evidence of how you address these needs. This could include medical records, school reports, or documentation of therapies and activities.

Be an effective co-parent

It’s simple – Courts like parties that co-parent. They appreciate parents that love their children more than they hate each other. So, be reasonable with your child’s other parent. Of course, this can be difficult. You didn’t get to where you are now without hurt or angry feelings and emotions. I think many of you would be surprised to find that a lot of individuals can’t do this; the issues are too new and raw. It’s too late to do anything once you enter the courtroom; so, make sure you exercise common courtesy at exchanges. Don’t send the child to provide information to the other parent. Don’t send the child with your child support check. If it is too much, too fast to do the above, don’t say or do anything. Ignore, ignore ignore.

Stay off of Social Media

I’m sure you’ve heard this before – Facebook is not your friend. This evidence almost always gets presented to the judge. Telling someone about your night on the town, using drugs and/or alcohol may not be your finest hour as a parent. It’s best to stay off of social media until the case is concluded.

Be Prepared for Child Custody in Mediation and Trial

Most child custody cases go through mediation before heading to trial. Understanding these processes will help you stay calm and prepared and are a key factor to win child custody.

Mediation

Mediation is a less formal process where both parents, guided by a neutral mediator, attempt to reach a child custody agreement without going to court. Being open-minded and cooperative during mediation can result in a faster, less stressful resolution.

Trial

If mediation fails, your case will proceed to trial. During the trial, both parents present evidence and testimony before a judge, who will make the final custody determination. Your custody lawyer will play a critical role in presenting your case effectively.

Follow court orders

This is simple. If the court orders you to exchange the child at a certain time and certain place, be there to do so. If you are supposed to provide educational or medical information to the other parent, do so. Courts expect their orders to be followed. If there is one extenuating circumstance where you can’t do this – the court may excuse you, but recurring problems will be an issue for the court and, ultimately, you in your child custody case.

Make time to participate in court-ordered expert interventions

At some point, the court may appoint an expert to assist the court or the parties during the pendency of your custody case. These experts may include a Custody Evaluator, Parenting Facilitator, psychological evaluator or Guardian/Amicus Attorney. Make sure that you provide these experts with all of the necessary information and your time. Many parents like to provide a binder of information to give to them. This might include your child’s school records, doctors appointments, communications between the parents and any other documentation regarding a pending issue. Always remember that the court will listen to these folks above all other witnesses. You need to get to know them and provide them with as much information on your case as you can.

Secure Legal Representation to Win Child Custody

Hiring an experienced custody lawyer is one of the wisest decisions you can make. Family law in Texas is complex, and you’ll need an advocate who understands the ins and outs of the legal system.

Benefits of a Child Custody Lawyer

• Expert Guidance: A lawyer can help you understand your rights and responsibilities under Texas law.
• Strategy Development: They will build a strategy tailored to your situation to maximize your chances of success.
• Courtroom Expertise: Family law attorneys are skilled at presenting evidence and arguments effectively to judges.

Related Reading: Attorneys at Graham Family Law

Take the First Step Toward Winning Child Custody Today

Winning custody in Texas requires preparation, evidence, and a clear focus on your child’s best interests. By understanding the laws, documenting your actions, and working with an experienced custody lawyer, you can present a compelling case to the court.

If you’re navigating a custody case, having the right support can make all the difference. Schedule a free consultation with one of our experienced family law attorneys today to discuss your options and create a legal strategy tailored to your situation.