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3 mistakes to avoid during a custody dispute in Texas

On Behalf of | May 25, 2026 | Family Law |

In Texas, courts make custody decisions based on the best interests of the child. To accomplish this, they often consider numerous factors about each parent and the family situation. During this stressful time, certain mistakes may weaken your position and affect your relationship with your child for years to come.

Do not speak negatively about the other parent

When tensions run high, you might feel tempted to criticize your former partner in front of your child or on social media. This behavior can backfire in significant ways. Texas courts tend to look favorably on parents who encourage healthy relationships between children and both parents.

Badmouthing your co-parent could give courts the impression you are not prioritizing your child’s emotional wellbeing. Speaking negatively about your co-parent can also harm your child psychologically, forcing them to feel caught between two people they love.

Instead of venting your frustrations in public, consider speaking with a therapist or a trusted friend in private. Try to keep conversations with and around your child focused on positive topics and reassure them that you still love them.

Do not violate existing custody orders

Even if you disagree with temporary custody arrangements, failing to follow court orders can severely damage your credibility. You might be tempted to withhold visitation when they feel angry or keep your child longer than permitted because you believe it serves the child’s interests.

However, violating a court order in Texas can result in contempt of court charges, which may lead to fines or jail time. Courts may also modify your existing order, though this typically only happens if the modification is in the child’s best interest, and your violation constitutes a material and substantial change in circumstances. Courts tend to take these violations seriously, regardless of your reasons.

If you believe the current arrangement needs changes, consider working through proper legal channels rather than taking matters into your own hands. Document any concerns you have and discuss them with your attorney. Following orders demonstrates to the court that you respect the legal process and can cooperate effectively as a co-parent.

Do not forget to document important information

Many parents fail to keep records of important events, conversations and their involvement in their child’s life. This lack of documentation can hurt your case when you need to demonstrate your parenting capabilities.

Texas courts often consider factors such as each parent’s involvement in the child’s education, physical and emotional needs and the stability of their home environment. Concrete documentation helps prove your active engagement in these areas.

Consider maintaining a calendar of your parenting time, your child’s activities and school events you attend. Save communications with the other parent and keep records of expenses you cover. Take photos of special moments with your child. This documentation provides concrete evidence of your active role in your child’s life.

Protecting your rights as a parent

Custody disputes have the potential to shape your relationship with your child for years to come, so you need to approach the process carefully. When you follow court orders, communicate respectfully and keep thorough records, you show the court that you can provide the stable and supportive environment your child needs.