Category: Child Custody

 

What can be used against you in a custody battle? Your ex can use all kinds of evidence or accusations against you in a child custody battle, including:

• Allegations of child abuse
• Allegations of child neglect
• Allegations of domestic violence
• Your past criminal record/convictions
• Allegations of addiction or substance abuse
• Allegations of an unsafe or unstable living environment
• Accusations of untreated mental health problems
• Bad behavior while co-parenting
• Acts of parental alienation
• Lack of involvement in your child’s life
• Violation of any court orders
• Troubling posts on social media

In all of these instances, the best interests of your child are considered, and your fitness as a parent is called into question.

The lawyers at the Youngberg Law Firm would like to explore these 12 things your ex may use against you in a child custody case. Even if these accusations are false, they can result in losing visitation rights and parenting time with your child. Our attorneys can help you fight back.

If you’re currently in a heated custody fight with your ex, you need aggressive conservatorship lawyers who will push back against false accusations. To request a consultation, contact the Youngberg Law Firm today.

1. Allegations of Child Abuse or Endangerment

If you have ever struck or abused your child in the past, this will be used against you in a fight over conservatorship. Your ex may claim that you may harm your child again in the future based on past physical, sexual, or emotional abuse.

Any past complaints to the Texas Department of Family and Protective Services (DFPS) and Child Protective Services (CPS) are sure to come up in a custody battle.

Sadly, there are cases in which exes make false allegations of child abuse in heated custody battles. Fights over conservatorship can get ugly when these false accusations are made, which is why it’s so important to have the Youngberg Law Firm on your side. We can call out false accusations and focus on the truth.

2. Allegations of Child Neglect or Abandonment

Your spouse may also use past acts of neglect or abandonment against you while fighting for custody. Examples of child neglect include:

• Failing to feed your child
• Failing to provide adequate shelter and clothing
• Not bringing your child to school
• Not bringing your children to the doctor
• Leaving children unattended
• Lacking the financial means to provide necessities for a child’s health and happiness

Like child abuse, there are unfortunate situations in which an ex will fabricate allegations of child neglect or abandonment as part of a custody battle. Doctors, neighbors, and teachers could even testify to neglect or abandonment, even if they don’t know the full story of what happened.

3. Allegations of Domestic Violence/Spousal Abuse

In addition to any accusations of harming your children, any allegations of domestic violence and spousal abuse can similarly be used against you. Such accusations may paint you as a violent individual who may physically or psychologically hurt your children in the future.

As we’ve noted before, not all allegations of domestic violence are true. Unfortunately, some exes weaponize abuse allegations to get the upper hand in a custody fight.

4. Past Criminal Behavior or Arrests

Beyond domestic violence and child abuse, past arrests for felonies or misdemeanors in Texas could be used against you. This includes any drug offenses, driving while intoxicated (DWI) charges, theft convictions, or violent acts in your criminal record. A history of violent crime convictions can be especially damaging.

Even if you’ve paid your debt to society, your ex may use your past against you to paint you as a violent person, an unfit parent, and a poor role model for your children.

5. Past or Current Substance Abuse Issues

Use of drugs or alcohol can play a major role in many conservatorship fights. This could involve parents who are struggling with alcoholism or drug addiction, and parents who have failed drug tests related to employment. Again, your ex could claim you are unable to care for your child because of these issues and are a bad role model or influence.

There are situations in which people in recovery have their pasts used against them during a custody fight. Even if you are currently clean and sober, your ex may claim you could relapse and jeopardize the well-being of your kids.

6. Unsafe Home or Unstable Living Conditions

Your ex may claim that your current living situation is unsuitable or unsafe for your children. This may include living with dangerous individuals, living in a dangerous neighborhood, unsafe conditions inside the home (e.g., black mold, bad plumbing, unsanitary conditions), or frequent moves from one place to another.

In fact, if you’ve even been homeless or between homes because of unforeseen circumstances, your ex can be used against you in a custody fight.

7. Any Ongoing Mental Health Issues

Mental health struggles are not automatically disqualifying from being a good parent. However, certain diagnoses may affect your ability to properly care for a child. This is especially true if a parent’s mental health condition or episodes require hospitalization, monitoring, or the risk of causing harm or self-harm.

Your ex may express concerns (both sincere and disingenuous) about your mental health and how it could impact your children. These claims could be given more weight if you have a history of refusing treatment or a history of hospitalizations related to your mental health.

8. Poor Behavior as a Co-Parent

Any perceived bad behavior while co-parenting could be used against you if your ex is seeking greater control over your children. Examples of this include:

• Refusing to grant visitation/time to the other parent
• Not communicating about health issues
• Failing to provide updates about school or extracurriculars
• Relocation without notifying the other parent

It’s important to keep records and documents of all emails, messages, texts, and other communications with your ex. Our family law attorneys can point to this as proof that you’ve tried your best to co-parent fairly.

9. Parental Alienation

Parental alienation is a form of poor co-parenting behavior, though it warrants its own mention in this list. This refers to any actions by one parent that are intended to turn a child against the other parent.

Examples of parental alienation include:

• Badmouthing the other parent to the children
• Making false accusations about the other parent around the children
• Instilling fear in a child concerning the other parent
• Sharing details about a divorce with a child
• Limiting the child’s contact with the other parent
• Forcing a child to choose between parents

Manipulative behaviors like this are not in the best interests of a child.

10. Lack of Presence/Involvement in Your Child’s Life

Showing up is a big part of good parenting. Custody could be on the line if you do not attend school events, fail to bring your child to medical or dental appointments, do not help with homework and after-school activities, or do not spend quality time with your child.

Your ex may claim that you are not involved in your child’s life. However, a record of communication and simply taking photos of time spent with your kids can prove your commitment and effectiveness as a parent.

11. Violation of Temporary Orders

If you’ve missed child support payments or kept your child longer than intended during a visit, these violations of court orders can be held against you. There may be a reasonable explanation for the occasional issue, but they need to be communicated to the co-parent and attorneys.

Even one-off incidents with a reasonable justification could be weaponized against you during a difficult custody battle.

12. Posts on Social Media and Other Public Forums

Anything you post on Facebook, Instagram, X, TikTok, YouTube, or other social media accounts can be used to call your fitness as a parent into question. For example, if you post any photos or videos of drug use, partying, drinking to excess, or potentially unsafe behavior, your ex may claim that you are irresponsible as a caregiver.

Similarly, any posts in which you disparage the other parent or make threats against others could be used to paint you as unstable or potentially violent. Even private texts and direct messages on social media could be subpoenaed to demonstrate a pattern of dangerous behavior.

How a Conservatorship/Custody Lawyer Can Help

So many actions can be held against you as a parent. It’s essential that you have legal representation who can look out for your rights as well as your children’s overall happiness. If you’re facing allegations of being a bad or inattentive parent, you need to get our lawyers on your side. Working with experienced conservatorship attorneys can help you be the best parent you can be.

Some key benefits of hiring a child custody attorney include:

• Learning Your Rights and Protections: Your attorney can explain all of your legal rights and the best options available when seeking custody of your child. Clear explanations of the Texas Family Code and court procedure can provide peace of mind and the ability to make well-informed decisions.
• Pushing Back Against False Allegations: If you’ve been falsely accused of domestic violence, child abuse, or parental alienation, your lawyer can call out the lies and find evidence to support the truth of what happened.
• Building a Strong Case: There’s plenty of evidence that can demonstrate your commitment and responsibility as a parent. Your lawyer can gather school records, parenting schedules, medical records, texts and emails, and witness statements to build a strong case for you.
• Avoiding Major Mistakes: Missed deadlines, poor communications, and accidental admissions of certain kinds of behavior can undermine your case. Your conservatorship lawyer will help identify potential pitfalls and make sure you avoid them, focusing on your child’s best interests and your ability to be a good and reliable parent.
• Fathers’ Rights Advocacy: We know that dads face a number of outdated and unfortunate gender stereotypes. Our lawyers are prepared to be staunch fathers’ rights advocates for you, focusing on the facts of your relationship with your child and your best qualities as a loving dad.

Why Choose the Youngberg Law Firm for a Conservatorship Battle

If you’re in a difficult custody fight, you need attorneys who know how to be aggressive and play hardball. The Youngberg Law Firm is adept at negotiating and fighting back when necessary. Our team will always consider the best interests of your child and your abilities as a parent.

• Years of Legal Experience: Our lawyers have years of experience. We know how conservatorship works, and we know the underhanded and strong-arm tactics some people use to gain custody of their kids. Our attorneys can craft a strategy that suits your custody struggle.
• We Know the Courts of North Texas: Our child custody attorneys are familiar with North Texas courts, judges, and procedures. This insight helps us prepare for complex issues that involve the best interests of your child.
• You Work Directly with Our Divorce Attorneys: At the Youngberg Law Firm, you won’t be passed off. Clients work directly with their conservatorship attorney. You’ll receive direct communication, updates, and answers to your questions throughout the process. This direct involvement is essential when guiding clients through a battle with their ex.
• We Understand the Needs of Local Parents: The Youngberg Law Firm understands the needs of parents who live in the Metroplex. This is important when discussing housing situations, finances, and other regional factors that could make a difference in your conservatorship case.

Contact Our Skilled Child Custody Lawyers Today

If you’re fighting for the best interests of your child, you need the Youngberg Law Firm on your side. We’re ready to do what’s right when disputes over conservatorships become difficult. To set up a consultation with aggressive child custody attorneys who are prepared to go to battle, contact our North Texas family law firm.

 

In Texas, a custodial parent is a parent who has primary custody of his or her child. Custodial parents have specific rights in Texas. Some of these rights are shared with the noncustodial parent, and others are exclusively enjoyed by the custodial parent. Below is an overview of the rights of custodial parents in Texas. If you need legal assistance with a child custody issue in Texas, please contact a Texas child custody attorney. 

Rights Shared by Custodial and Noncustodial Parents

Unless a court order says otherwise, custodial and noncustodial parents in Texas have the right to:

• Confer with and obtain information from one another about the child’s education, health, and welfare;
• Obtain education, dental, medical, and psychological records of the child; 
• Consult with the child’s psychologist, dentist, and physician;
• Consult with school officials about the child’s educational status;
• Attend activities at the child’s school; 
• Be listed as one of the child’s emergency contacts; 
• Consent to medical treatment during an emergency involving an immediate danger to the child’s health and safety; and 
• Manage the child’s estate.

In addition, unless the court has ordered confidentiality or there is a history of family violence, both the custodial and noncustodial parent must inform the other parent of any important information related to the child’s education, welfare, and health. 

Right of the Custodial Parent 

Some rights belong exclusively to the custodial parent, who is the parent with whom the child lives most of the time. These include the right to: 

• Establish the child’s primary residence; and 
• Receive child support on behalf of the child. 

In addition, there are some rights that the parents may agree to share or the court may decide to grant to only one of the parents (typically the custodial parent), including the right to: 

• Consent to psychological treatment; 
• Represent the child in legal matters;
• Consent to surgical, medical, and dental treatment involving invasive procedures; 
• Consent to enlistment in the armed forces;
• Consent to marriage; 
• Make decisions about the child’s education; and
• Act as an agent of the child’s estate if legal action is required.

Contact our Denton County Child Custody Lawyer 

When determining your rights as a custodial parent in Texas, it’s important that you review and understand the court order in your case. In order to ensure that you understand your rights as a custodial parent, you should consult with a  Texas child custody attorney as soon as possible. At Youngberg Law Firm, in addition to reviewing your court order, our Texas child custody lawyer will efficiently handle any child custody issues you may have while considering the unique circumstances of your family situation. At Youngberg Law Firm, you can rest assured that we will always treat you with the dignity you deserve, and we’ll always keep the best interests of your child in mind while working towards a successful outcome in your case. Please contact us today for a consultation.

When a Texas couple divorces, it isn’t uncommon for one of them to want to move out of state. However, things can get tricky when a child is involved, especially if the parents share joint custody. If you have joint custody of your child and want to move out of state, please review the information below. For additional guidance, please contact a Denton County child custody attorney. 

What is Joint Custody? 

In Texas, unless there is a history of family violence involving either parent or one parent has demonstrated an inability to act in the child’s best interests, courts presume that parents should share joint custody of their children. Joint custody (also called “joint legal conservatorship” in Texas) doesn’t refer to the amount of time each parent spends with the child. Rather, the term refers to the rights both parents have to make decisions for their child, including education and health care decisions. When determining what type of custody to grant divorcing or separating parents, the court examines several factors, including:

• The wishes of the child 
• The current physical needs of the child
• The future physical needs of the child
• The current emotional needs of the child
• The future emotional needs of the child 
• The parenting abilities of the parents
• The programs available to each parent to help promote the best interests of the child

As noted above, however, barring exceptional circumstances, most parents receive joint custody of their children. And while joint custody is often in the best interests of the child, it can make relocation tricky for the parent who has physical custody of the child. 

Relocation and Joint Custody

When a child’s home has been restricted to a particular area in Texas, whether by the court or by agreement of the parents, one parent can’t relocate with the child outside of that geographical area without first obtaining court approval. Typically, this means that the parent who wishes to relocate must first seek a court order to modify the child custody arrangement. However, even if the original custody order or parenting plan doesn’t restrict a child’s residence to a specific  location in Texas, this doesn’t mean that one parent can relocate with a child without considering the other parent’s wishes. In fact, a parent who opposes such a move can challenge the relocation in court and obtain a temporary restraining order to prevent the move until a hearing can be held.

Therefore, it’s important to consult with a Denton County child custody attorney before moving out of state if you have joint custody of your child. 

Contact our Denton County Child Custody Lawyer 

If you need help with a family law issue in Texas, you need a Denton family law attorney on your side. At Youngberg Law Firm, our Texas family law attorney will efficiently handle your family law issue while taking into account the unique circumstances of your family situation. At Youngberg Law Firm, you can rest assured that we will always treat you with dignity and respect while working towards the best possible outcome in your case. Please contact us today for a consultation.

Same-sex couples have been allowed to marry and divorce in the United States for some time now. However, despite the acceptance and legality of same-sex marriage in the United States, same-sex couples face unique challenges when seeking custody of a child following a divorce. This is because typically only one biological parent is involved in these types of cases. Since this is a relatively new area of the law, the law is still developing as to whether a non-biological parent who hasn’t formally adopted the child qualifies as a legal parent. Below is an overview of common issues in same-sex custody cases in Texas. 

Common Same-Sex Custody Issues

Standing 

Standing in legal terms is the right to sue and have your position heard by the court. In custody cases, standing is a person’s ability to sue for custody is typically determined by Texas Family code section 102.003, though there are other code sections that may also confer standing. While a biological parent will have standing to sue for custody of a child under Texas Family Code 102.003(a)(1), a non-biological parent will have to qualify under another provision. Recent developments in Texas case law may support an argument for a non-biological parent to qualify for standing if they “have had actual care, custody, control and possession of the child for at least 6 months ending not more than 90 days” before commencing the suit. This could open the door for a non-biological parent to sue for custody of a child in the absence of an adoption, gestational, or other agreement with the other parent. 

Parental Presumption

Some of the Texas appellate courts have also approved the idea of extending the parental presumption available to heterosexual spouses to same-sex spouses. There is a presumption in Texas family law that a husband is the father of a child born to his wife during the marriage. This language clearly excludes same-sex couples which can cause issues for non-biological parents when they seek custody of the child in a divorce situation. While the courts have started to apply this presumption to non-biological parents in same-sex marriages, the code has not been updated. Thus, there is no guarantee that a same-sex parent will be afforded the benefit of this presumption in Texas. Therefore, it is recommended that non-biological parents in same-sex relationships consult with a Denton County child custody attorney to determine their custody options. 

Gestational Agreements

One of the options that non-biological parents have under Texas law is for each spouse in a same-sex marriage may enter into a gestational agreement to have a child through assisted reproduction. If both parents have entered into a gestational agreement that complies with the requirements of the Texas Family Code, that can establish both parents as intended parents, and both will have the right to request custody if the marriage later breaks down. However, child custody cases involving same-sex couples and gestational agreements can be complicated, so it is recommended that you contact a Denton County child custody attorney for guidance on this issue. 

Avoiding Child Custody Issues in Same-Sex Cases

When it comes to child custody matters, an ounce of prevention is worth a pound of cure. Below are two methods that partners in same-sex couples can use to avoid future custody challenges.

• Adoption – The best way to solidify the legal relationship between a non-biological parent and his or her child is to go through the formal adoption process. And although it is easiest to accomplish this when the relationship between the biological parent and non-biological parent is good, it is certainly possible both during and after a divorce. 
• Agreement Between Spouses – Other than adoption, there are few legal options available for a stepparent who wishes to continue a relationship with his or her non-biological child following a divorce. If a same-sex couple parts ways on good terms, then an agreement between the parents to continue access is an obvious solution. Unfortunately, however, divorces are sometimes messy, and this can prevent a non-biological parent from maintaining a relationship with his or her child. It is best to have any agreements about parentage completed and set up at the time the couple decides to have a child, not when the relationship starts to break down.

Contact our Denton County Family Law Lawyer 

Same-sex custody cases in Texas are complicated. Therefore, if you are divorced or are going through a divorce and need assistance in maintaining your relationship with your child, please contact a Denton County child custody attorney as soon as possible for assistance. At Youngberg Law Firm, we understand the difficulties you are going through and will work to achieve a fair and just outcome on your behalf. Our experienced family law attorneys serve clients throughout Denton County, including Flower Mound, Highland Village, Little Elm and Denton. Therefore, if you need a family law attorney in Texas, please contact us today for a consultation.