How Can a Custody Lawyer Help You Through a Dispute?

Child custody disputes are extremely difficult for families and one of the most rancorous parts of any divorce or separation. A Houston, TX custody lawyer can help you get through this dispute as smoothly as possible. While you can’t control the way the child’s other parent behaves, having a lawyer on your side can equip you to properly meet their challenges and argue effectively for the arrangement that you know is best for your child.

How Can a Houston, TX Custody Lawyer Help in a Dispute?

Through Knowledge of the Law

The first and probably the most obvious way a lawyer helps you is by bringing intimate knowledge of the Texas Family Code to your side. Not only does your lawyer actually know the law itself, but they have seen this law applied in various situations in real life many times. They know how the courts are likely to interpret the law as it applies to your situation. They also understand court precedent: that is, what the courts have decided in the past, which typically informs the way the current court decides to interpret the law.

In any dispute, knowledge is power. In this case, it means you understand your rights and the rights of the other parent. You understand how the courts want parents to treat their children. You understand all your options, and you understand what the courts are looking for from you. All of this makes it easier for you to frame your discussions and develop your strategies for winning a dispute.

By Keeping You Focused

It’s easy for parents in a dispute to get distracted. You get wrapped up in the arguments you have with one another, and even if you can put these aside, the child’s other parent may not be able to. One of the important benefits of having an attorney is the attorney can keep you focused on two important things.

The first is the “best interests of the child.” This is the standard that the courts use in custody disputes, and the court will be making all decisions based on what it believes is in the child’s best interest. If you can also be focused on this, then you and the court are more likely to align. The second thing your attorney will keep you focused on is your own interests and long-term future. One of the dangers with getting distracted by immediate arguments is that it keeps you from being able to make decisions that will be best for you down the line.

Through Making Persuasive Arguments

There is an art to making a good argument. No matter how good your argument is, and no matter how clear the evidence that supports it, if you’re not actually able to frame the argument well, you may not be able to convince anyone of your position. One of the important benefits of having a lawyer is that you have someone on your side who is trained and experienced in putting evidence together to tell a clear story.

Whether you need to explain why the child should not have more time with the other parent or why a job is not actually going to get in the way of your parenting responsibilities, a lawyer can help you to express your position clearly and back it up with evidence.

By Providing a Buffer

It may be impossible for you and your child’s other parent to have a civil discussion. This might be because neither of you can talk to the other, but it can also be very one-sided. Even if you are completely committed to your child’s best interests and to getting along and having a healthy co-parenting relationship, if the other parent doesn’t want that, there’s not a lot you can do. Every time you get together to discuss things, you may find the other parent pushing your buttons and refusing to cooperate.

When both of you have your own lawyer, a lot of this gets easier. You can all meet, and the presence of your lawyers can be a huge help to keeping everything calm. If even that is not possible, then your lawyers may be able to talk to one another and hammer out an agreement, which they will then bring to you for approval. And if you know that the child’s other parent knows how to irritate you and get you frustrated, you can tell your lawyer when that tends to happen, and your lawyer can then be on the lookout for that behavior. As soon as they see it, they can call for a break to lower the temperature in the room.

Through Defending You From False Accusations

In particularly hot custody disputes, parents have been known to make up accusations against each other in order to “win.” If the other parent is claiming that you are unfit in some way – perhaps by accusing you of abuse or neglect or by claiming that you have a substance abuse problem – your lawyer will fight back against this and knows how to do so. The courts take these accusations seriously, but they also take false accusations seriously, too.

If there is a kernel of truth to some of these claims, for example if you previously did have a substance abuse problem but have been clean for a while, your lawyer will know what kind of evidence to bring to show that these accusations are spurious.

By Demonstrating Issues With the Other Parent

On the other hand, maybe you need to show the court that the other parent has a serious problem. Maybe they have been abusive or neglectful, or maybe they have a substance abuse issue. Maybe they really only want custody because they want to hurt you, and not because they care about the child.

Proving all this requires solid evidence, and your lawyer will know exactly what evidence is needed and where to look for it. You’d be surprised at how good a parent in this situation can be at hiding their behavior or even “shaping up” temporarily just to get custody. Your lawyer has seen all these tactics before and knows how to help you show the courts if the other parent is a genuine danger to your child or just has no true interest in the child’s welfare.

By Defending You in Court

The hope is always that you can come to an agreement on your own with the other parent. It’s usually best if families can work out visitation schedules and custody arrangements on their own. But obviously there are cases where this just can’t happen because the other parent simply won’t cooperate. In that case, you’ll have to go to court, and that’s when having a lawyer is most important.

Your lawyer understands the court processes and all the deadlines and will help you file properly, submit the right evidence in the right way, and then put your best foot forward in the courtroom to show why the arrangement you’re fighting for is best for your child.

For help with your custody dispute, reach out to us today at the Clark Law Firm, P.C. in Houston.