Once you are a party in a divorce, child custody, or child support case in Texas, it is safe to assume all your actions are now under scrutiny by the court. As this may be an emotionally charged time for you making it difficult to determine what you should and should not do during your case.
1. Avoid Hiding Documents
- Why: Texas courts require full financial disclosure in most family law cases and disclosure of all relevant documents in all cases. The other side in your family law matter may informally or formally request these documents during the divorce process. Concealing assets, lying about income, or failing to provide important documents whether they may hurt your case or not may result in the court sanctioning you for attorney’s fees and other expenses.
- What to Do Instead: Be transparent and provide all requested documents to your attorney and the other side.
2. Avoid Violating Court Orders
- Why: Ignoring temporary orders, current final orders, or injunctions related to custody, visitation, support, or property division can damage your case and result in contempt of court.
- What to Do Instead: Follow all court orders precisely, even if you disagree with them. Work through your attorney to request modifications if needed.
3. Avoid Making Negative Comments About the Other Party
- Why: Publicly badmouthing your spouse, co-parent, or other involved parties can harm your case, especially if custody or visitation is at issue. Judges may view this as an inability to co-parent effectively. Further, many courts have standing injunctions that do not allow for this thus you would be violating a court order by making disparaging remarks.
- What to Do Instead: Keep communications respectful and avoid posting about the case or other parties on social media.
4. Avoid Letting Emotions Drive Your Decisions
- Why: Emotional decisions can lead to impulsive actions, such as agreeing to unfair terms or escalating conflict unnecessarily.
- What to Do Instead: Stay calm, consult your attorney, and focus on the long-term implications of your decisions.
5. Avoid Using Children as Leverage
- Why: In Texas, courts prioritize the child’s best interest. Using children to manipulate the other parent or denying visitation can harm your case and your relationship with your child.
- What to Do Instead: Encourage a healthy relationship between your child and the other parent (unless safety concerns exist) and follow all custody orders.
6. Avoid Not Documenting Relevant Events and Issues
- Why: Failing to keep records of relevant communications, expenses, or agreements can weaken your case.
- What to Do Instead: Document everything, including text messages, emails, receipts, and interactions with the other party.
7. Avoid Making Major Life Changes Without Approval
- Why: Moving, changing jobs, or making large purchases can affect your case, particularly in custody and financial disputes.
- What to Do Instead: Consult your attorney before making significant changes to your living situation, employment, or finances.
8. Avoid Ignoring Legal Advice
- Why: Acting against your attorney’s recommendations can undermine your case and make it harder for them to represent you effectively.
- What to Do Instead: Trust your attorney’s expertise, ask questions if you’re unsure, and work collaboratively.
9. Avoid Oversharing on Social Media
- Why: Posts about your lifestyle, finances, or feelings toward the other party can be used against you in court.
- What to Do Instead: Refrain from posting anything related to your case, and set your profiles to private
10. Avoid Delaying Action
- Why: Missing deadlines for filing paperwork, attending court, or complying with discovery requests can weaken your case and cause delays.
- What to Do Instead: Stay organized, communicate with your attorney, and respond promptly to all requests.
11. Avoid Representing Yourself in Complex Cases
- Why: Family law cases involve nuanced legal rules, and self-representation can lead to costly mistakes.
- What to Do Instead: Hire an experienced family law attorney who understands Texas law.
12. Avoid Escalating Conflict
- Why: Heated arguments or confrontations can make the case more contentious and negatively affect issues like custody.
- What to Do Instead: Use calm, constructive communication and let your attorney handle contentious issues.
If you are still confused by the above tips and considerations, it would be beneficial for you to consult with an experienced family law firm such as Hunt Law Firm, PLLC to get more expert and tailored advice.