Protecting Your Time With Your Children in a Custody Case

Can I get temporary custody before the divorce is finished?

Yes. Texas Family Code § 105.001 allows the court to make temporary orders for conservatorship, possession and child support while a divorce or custody case is pending, after notice and a hearing. The court can also order a party not to remove the child from a set geographic area.

Temporary orders matter more than their name suggests. They set the schedule the children live with for the rest of the case, and judges often hesitate to disrupt a routine that is working by the time of trial.

To avoid losing time with your kids during the divorce, ask for a clear temporary schedule early, then use every period of possession it gives you. Missed weekends become evidence. A parent who leaves the family home without any schedule in place can go weeks with little contact.

How do I protect my relationship with my children during divorce?

Stay present, stay predictable and keep the children out of the conflict. Courts watch for a parent who supports the child's relationship with the other parent; Texas public policy favors frequent and continuing contact with both parents who act in the child's best interest (§ 153.001).

• Keep showing up for school, practices, appointments and bedtime routines.
• Do not discuss the case, the other parent's faults or money with the children.
• Keep messages with the other parent short, polite and about the children. Assume a judge will read them.
• Follow every temporary order exactly, including exchange times.
• Get support for the children if they are struggling, such as a counselor.

Parents who find every message turns into an argument can use a structured tool. CPiQ is an online co-parenting communication tool built on parenting-facilitation methods, with a message "Translator" and short lessons.

What evidence should I collect before a custody hearing?

Collect evidence that shows who cares for the child and what the child needs. Facts recorded at the time are more persuasive than memories assembled later.

• A calendar of your parenting time, including missed or late exchanges.
• School records: report cards, attendance, teacher emails, conference notes.
• Medical and counseling records, and who took the child to appointments.
• Texts and emails with the other parent, saved in full rather than as screenshots of single lines.
• Names of teachers, coaches, doctors and neighbors who have seen you parent.
• Police reports, protective orders or CPS records, if safety is an issue.

Do not record or access the other parent's accounts or devices without talking to a lawyer first; some methods can be illegal and can damage your case.

Can a parent lose custody because of alcohol or drug problems?

Yes, when the substance use puts the child at risk or interferes with care. Courts look at current behavior: driving with the children, being impaired during possession, missed exchanges, and whether the parent is in treatment.

The usual result is restriction rather than loss of all contact. A court may order supervised visits, sobriety monitoring, or a rule against drinking or drug use before and during possession, and must keep any restriction no greater than needed to protect the child (§ 153.193). A parent who completes treatment can later ask the court to lift restrictions.

Can mental health issues affect child custody?

Yes, but only through their effect on parenting. A diagnosis of depression, anxiety or another condition does not by itself disqualify a parent. Judges ask whether the condition is managed and whether it affects the child's safety and daily care.

A parent who is in treatment and stable is in a very different position from one whose untreated condition has led to dangerous situations. Courts can order evaluations or counseling when the question is genuinely in dispute (§ 153.010 allows court-ordered counseling where the parents have a history of conflict).

What if my spouse makes false accusations to get custody?

Respond with facts, not counter-accusations. Courts test allegations with evidence: records, witnesses, and sometimes a custody evaluation or an attorney appointed for the child.

Texas law treats false reports seriously. If a party knowingly makes a report of child abuse that lacks a factual foundation, the court must deem it a knowingly false report, evidence of it is admissible on custody, and the court must impose a civil penalty of up to $500 (Texas Family Code § 153.013). The larger consequence is usually its effect on the judge's view of that parent's willingness to support the child's relationship with the other parent.

If you are accused, do not contact the accuser in anger, follow every order, and talk to a lawyer before you speak with investigators.

How does domestic violence affect child custody?

Domestic violence can decide a custody case. Texas Family Code § 153.004 requires the court to consider abusive physical force or sexual abuse committed within two years before filing or during the case, bars joint managing conservatorship when there is credible evidence of a history or pattern of abuse or neglect, and presumes unsupervised visits are not in the child's best interest when there is credible evidence of abuse, neglect or family violence by that parent or by someone living in that parent's household.

A protective order against a parent within the two years before filing is part of what the court weighs. Where some contact is allowed, the order can require supervised visits, exchanges in a protective setting, and a battering intervention program.

A custody lawyer can help when you fear for your child's safety by asking for temporary orders or a protective order and presenting the evidence clearly. John B. Polk represents parents in these cases; you can reach him through the contact page. In an emergency, call 911.