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.