Preparing for a Child Custody Battle as a Father

Facing a child custody battle can be an overwhelming and stressful experience, especially for fathers who may feel at a disadvantage. In San Antonio, it’s important to remember that every custody case is unique, and positive outcomes are possible when you approach the situation with preparation and determination. Here’s a guide to help you navigate the process and protect your rights as a father.

What rights do fathers have in San Antonio, Texas?

According to Texas Family Code Sec. 101.024, a parent is defined as “the mother, a man presumed to be the father, a man legally determined to be the father, a man who has been adjudicated to be the father by a court of competent jurisdiction, a man who has acknowledged his paternity under applicable law, or an adoptive mother or father.” The only time that this definition of a parent does not hold up is if the parent-child relationship has been terminated. Texas Family Code Sec. 151.001 explains that a parent has the following rights:

• To have physical possession of the child.
• To designate the residence of the child.
• To decide on the child’s education, medical care, and religious upbringing.
• To protect and reasonably discipline the child.
• To provide and support the child with clothing, food, education, and medical and dental care.

Understanding these rights is crucial as you prepare for your custody battle. Consulting with a San Antonio child custody attorney can provide you with detailed guidance tailored to your specific situation.

Steps to take to prepare for a child custody battle as a father

Even though the courts will primarily look at what is in the child’s best interests when deciding which parent the child should reside or visit with, there are several steps you can take to prepare for a child custody battle as a father. Here are seven of the most important steps you can take:

1. Build a strong and solid relationship with your child: Establishing a solid, positive relationship with your child is essential. Engage in their daily life by calling them, attending their activities, and spending quality time together. Demonstrating your involvement and commitment can significantly impact the custody decision.
2. Gather and keep all records in a safe place: Document your involvement in your child’s life meticulously. Save receipts for items you purchase for them, maintain a record of your parenting time, and collect any correspondence related to your custody arrangement. Photos, videos, and other evidence of your active participation can support your case.
3. Attend all important events or meetings: If your child is involved in any type of activity or you are invited to be part of anything, it is important that you make time in your schedule to go. This includes teacher-parent conferences, sports games, school plays, birthday parties, playgroup meetings, and more. This shows that you have time to be present and there for your child.
4. Remain respectful and cordial with the other parent: Even if the process is stressful, it’s vital to interact respectfully with the other parent. Avoid any behavior that could be perceived as hostile or confrontational, as this can negatively influence the court’s perception of you.
5. Continue paying child support: You may be accumulating legal fees, but you cannot forget or delay your child support payments during this time. If you do not remain current with payments, it will look like you are financially unstable and cannot afford to take care of or raise your child. Make sure you keep records of every child support payment you make, especially if you and the other parent have an informal payment arrangement in place.
6. Be cautious on social media: If possible, you should consider taking a hiatus from social media at least until a decision is made regarding custody. If you are not willing to take a break, you should be very careful and cautious about your posts. Anything mentioned on your social media accounts can and most likely will be used against you in court.
7. Ensure a child-friendly home environment: Try to keep your home environment as clean and safe as possible for your child. They should have everything they need to thrive and live comfortably when they are with you. It is also a good idea to make sure they have their own space or room with their own items in your home.

At Grable Grimshaw PLLC, we know and understand the challenges that fathers face when trying to obtain full or shared custody of their children. When you work with our San Antonio child custody lawyers, you will have a legal team protecting your rights and wishes as well as helping you remain involved in your child’s life as long as it is in their best interests. If you are ready to begin learning about your potential legal options and how to start preparing for your upcoming custody battle, call our office or complete our contact form to schedule a consultation today. We look forward to meeting with you soon!