US Legal Forms
Legal Resources
Questions & Answers
Divorce
Do I need an attorney for custody after my husband filed for divorce?

Do I need an attorney for custody after my husband filed for divorce?

Full question:

I tried to file for divorce and request joint custody of my 2 kids. My husband beat me to filing for divorce. Will I need an attorney to fight for custody or will a judge make this decision for me? By the way my living arrangement and other things are better than my husbands.

Category: Divorce
Date: 04/07/2025
State: Texas

Answer:

A judge will ultimately decide custody arrangements for your children. However, it’s advisable to consult a local attorney, especially if you and your husband cannot agree on custody terms. In Texas, there is a presumption that both parents should be Joint Managing Conservators, meaning they share parental rights and responsibilities. This does not guarantee equal time with the children or eliminate child support obligations. The child's primary residence must also be established in the final court orders.

Relevant Texas statutes include:

§ 152.102 FAM. Definitions
§ 152.106 FAM. Effect of Child Custody Determination

These statutes outline the legal framework for custody determinations and the responsibilities of parents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the biggest mistake in a custody battle?

One of the biggest mistakes in a custody battle is failing to prioritize the children's best interests. This can include making negative comments about the other parent in front of the children or not being cooperative during the custody process. Courts look for parents who can foster a positive relationship with the other parent. It's crucial to focus on what is best for the children and to demonstrate your willingness to support their relationship with both parents.

What looks bad in a custody battle?

Behaviors that can negatively impact your custody case include showing a lack of stability in your living situation, having a history of substance abuse, or failing to comply with court orders. Additionally, any evidence of domestic violence can severely affect custody decisions. It's essential to present yourself as a responsible and caring parent to improve your chances of a favorable outcome.

What should you never say to a judge?

You should avoid making disrespectful comments or personal attacks against the other parent when speaking to a judge. Statements that undermine the court's authority or show a lack of respect for the legal process can be detrimental to your case. It's important to remain calm, respectful, and focused on the facts of your situation rather than emotions or grievances.

What not to say during a custody battle?

During a custody battle, avoid making threats, using inflammatory language, or discussing personal issues that are irrelevant to the case. Statements that could be perceived as manipulative or that undermine the other parent's role can backfire. Focus on presenting factual information about your parenting abilities and the children's needs.

What not to say to a family court judge?

When addressing a family court judge, avoid making emotional outbursts or personal attacks against the other parent. Statements that reflect poorly on your character, such as admitting to illegal activities or showing a lack of concern for the children's wellbeing, can harm your case. Always maintain a respectful tone and stick to the relevant facts.