Seltzer Family Law, PLLC
Sarah C. Seltzer
While it is always encouraged for parents to come to an agreement regarding the custody of their child, there are times when an agreement simply cannot be reached. Going through child custody litigation can be confusing and overwhelming. Whether as part of a divorce, establishing paternity, or modifying an existing arrangement, here are five things you can do to prepare for your custody case, regardless of whether things are amicable or highly contested:
1. Understand child custody law as it applies to your case
This means sitting down and talking to an attorney about your specific situation. It is most helpful to do this as far in advance as possible, so that you can form a plan of action before filing the case in court. Once your case has been filed, your attorney will also talk to you about who your judge will be and how he or she typically interprets the Texas Family Code.
2. Identify witnesses
Witness testimony can assist the judge in determining the legitimacy of your claims in a child custody case. The most influential witnesses are typically unbiased and have personal or expert knowledge of both the child and the parents. Start making a list of potential witnesses, such as day care providers, teachers, medical practitioners, co-workers, or neighbors.
3. Keep records of everything
Document who is spending time with your child and make note of who provides for the daily necessities of the child while in each parent’s care. Keep track of both parents’ involvement in the child’s activities, education, and medical appointments. If the child’s other parent is denying you time with the child, be sure to keep detailed records of your attempts to spend time with the child and the other parent’s denial.
4. Gather evidence
The most common types of evidence offered in a child custody case include correspondence between parents such as emails, text messages, voicemails, letters, photographs, videos, audio recordings, and schedules. Other records such as financial, medical, school, and police reports can be vital in proving your claims in court. Gathering these records before beginning a custody case can save a lot of time and money once the case is filed.
5. Hire an attorney
In all contested custody disputes, parents should consider retaining a skilled attorney who has extensive experience in child custody. Hiring an attorney well-versed in the nuances of custody cases can be instrumental to presenting your case properly in court.
Sarah C. Seltzer is a family law attorney practicing in Tarrant County, Texas, and surrounding counties. Sarah is Board Certified in Child Welfare Law by the Texas Board of Legal Specialization, is AV Preeminent Peer Rated through Martindale-Hubbell, is recognized as a Super Lawyers’ Texas Rising Star since 2019, and has been named a Top Attorney in Family Law by Fort Worth Magazine since 2015.
For more information go to YourTexasFamilyLawyer.com or call us at 817-887-9206
