3 Challenges Faced During Complex Child Custody Cases in Austin

 Posted on July 24, 2023 in Child Custody

A complex child custody case presents unique challenges for both parties. You are often stuck in a lengthy custody battle. Other times, problems arise after the case, especially when your ex does not agree to the terms set in the custody order. You need to know how to respond to these problems in a legally compliant way. This article highlights three common challenges experienced by parents during a high-conflict custody case and how to deal with them. 

A Spouse Makes Allegations Against the Other Parent to Gain Custody

Texas laws grant both parents managing conservatorship unless one parent is considered unfit to raise a child. A soon-to-be-ex may accuse their spouse of being an unfit parent to convince the court to grant them sole conservatorship after the dissolution of marriage in a contentious divorce.

These allegations range from stories of negligence or abusive behavior toward the child. A spouse can also argue that the other party is an unfit parent because of their history of alcohol and substance abuse. 

Such behavior, if true, can impact a child’s health and well-being. 

Therefore, the court is responsible for verifying facts to determine if the allegations are true or mere speculations. If your partner accuses you of being an unfit parent, you can present evidence and witnesses in court to oppose their allegations. 

Conflicts in Making Life Decisions for the Child 

Whether the court grants sole conservatorship or joint conservatorship, conflicts are common during and after complex custody cases. Since these cases often involve paternity disputes, conservatorship of an infant, or disputes surrounding a child with special needs, the parent who lives with the child has the upper hand. 

They may make decisions regarding a child’s healthcare, schooling, religious upbringing, and lifestyle-based choices (like choosing co-curricular activities or sending kids to summer camp) without including the other parent. 

This may put a strain on their co-parenting relationship and impact the child. 

Like the court, ex-spouses should prioritize their child’s needs and well-being while making life choices. This approach minimizes the risk of making decisions to snub the ex. 

One Parent May Violate the Custody Order  

Complex child custody cases involve high risks and high emotions. 

Parents can disagree about the provisions even if the court allocates parenting time and responsibilities. While some parents file motions in court to modify the arrangements and child maintenance obligations, others may not take the legal route. 

Enforcement disputes may arise when a parent refuses to adhere to the custody order by not paying child support for months or visiting the child at unscheduled times. The other parent can request the court to intervene, making the case more complicated.

Contact Austin Complex Child Custody Attorneys 

Navigating complex child custody cases can be taxing, especially for those without knowledge of the legal system. Remember that you do not have to do everything alone. You can seek legal assistance by asking a lawyer to complete the paperwork and represent you in court. Their assistance can help you formulate an actionable plan to deal with disputes. Dial 512-610-6199 to contact Austin complex child custody lawyers at Powers Kerr & Rashidi, PLLC to book a consultation. 

Sources

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#153.073

https://texaslawhelp.org/article/child-custody-and-conservatorship