Three Major Reasons Why Fathers Lose Custody Cases

The courts these days try to be fair when deciding custody cases in Texas.  Though they once leaned toward giving custody to the mom, this is no longer true.  Judges try to decide each case on the merits of that specific case.  A judge may look at a number of things concerning each parent:

• Job or career-which of you has the best earning capacity?  Does your job take you out of town a lot?  Do you have to work a lot of overtime?
• Living environment-Do you live in a decent neighborhood near good schools? 
• Dating-Are you already dating or is there a live-in girlfriend or boyfriend?
• Temperament-Are you emotionally and mentally stable?

People do all kinds of things wrong during a divorce.  You would think that they would be more careful with what they say and how they live, but this is rarely the case.  Most of the time, both parties are too anxious to move on instead of waiting to get all the way through the divorce proceedings.  Remember that friends and family may be asked to testify about things you’ve said or done.

Men are normally more careless about these things that women.  Men often make mistakes that eventually result in them losing custody and having to live with limited visitation rights.  They can be their own worst enemy in a custody battle.

Mistake Number One

Don’t start dating before the divorce is final.  If you find that you just can’t wait, then be very discrete.  If friends and family see you out in public with a new girlfriend, this can hurt your court case.  Courts will want to know about your lifestyle as a man.  Do you occasionally bring strange women home to spend the night?  If this is the case, a judge will be reluctant to award you custody of the kids.

Mistake Number Two

Don’t bad mouth your ex to the kids or anyone for that matter.  The kids may be questioned during the trial and they will tell the judge and others if you’ve been saying poison things about your ex.  Try to remain friendly to your ex-spouse and keep all conversation as positive as possible.  Never say harsh things to your children about their mother, even if they’re true.

Mistake Number Three

Stability is an important factor in getting custody of your kids.  Stay employed.  Don’t leave your job unless there’s a good reason.  A judge will want to make sure you can support your children.  Don’t move around.  If you know you will want custody of your children, then find a clean place to live in a nice neighborhood with good schools nearby.  Move into that place and stay there.  Keep your apartment or home clean and well-organized, and pay your rent on time.

Tips for Success

Though divorce can be costly and painful, it doesn’t have to be.  Try to work with your spouse for the good of your kids.  Always be cordial and if necessary, consider working with a mediator.  This can provide a good solution for working out the splitting of community property and other divorce details.  Remember the old adage,  “This too shall pass.”  Within just a few years, you and your ex-spouse will have parted ways and begun new lives.  But you will always be connected by your children so it’s best to part on good terms.

 Zinda & Davis PLLC can review and assess your case and help you make informed decisions about your divorce and child custody case.  We understand the pain and confusion of being separated from your children and are here to answer your questions. When you need an experienced attorney who understands the law concerning child custody and visitation rights, remember Zinda & Davis, your Texas divorce law firm.