Can My Spouse Stop Me From Gaining Child Custody?

 Posted on January 12, 2024 in Child Custody

During a divorce, one of the most challenging things to deal with is child custody division. With both parents likely wanting to maximize their time or with one parent advocating for most of their child's custody, it isn't easy to agree.

Suppose you wonder whether your spouse can stop you from gaining child custody. In that case, meeting with a Texas child custody lawyer to explore your options and pursue a fair child custody arrangement is essential. Get the important legal guidance you need.

Navigating a Child Custody Battle

Child custody battles are highly stressful, and these challenges can stretch if you and your spouse are finding it hard to agree. According to the Texas Family Code, either parent can be granted custody over a child depending on their best interests. This replaces former laws that favored the mother of a child as the primary custodial parent.

In some highly contested child custody battles, your spouse may make accusations that are unfair or untrue to stop you from gaining custody. Any false allegations like these will generally have the opposite effect once proven false, and the court overseeing your divorce may favor the other parent.

It is essential to have legal guidance during complex child custody issues, as you want to ensure that you receive a fair allocation of time and that any allegations from your spouse are comprehensively disproven.

Will I Be Denied Child Custody?

If you are a present parent and involved in your child's life, it is unlikely that you will be denied entirely child custody. Issues that might result in one parent having more custody than the other are legitimate allegations of abuse or abandonment, a parent that hasn't been in their child's life often, or special educational or medical needs that make one parent more suited to a majority of the custodial time.

Every child custody situation is different, and it is essential to gather evidence and proof that a fair share of your child's time is within their best interests.

Contact an Austin, TX Child Custody Lawyer

Child custody agreements are often complex and highly stressful. If you are navigating a child custody battle and want to ensure you receive a fair allocation of time, contact a seasoned Travis County, TX child custody attorney at Powers Kerr & Rashidi, PLLC. Call 512-610-6199 for a consultation to learn about your legal options.