Category: Child Custody

Divorce can be a difficult time, and you may be feeling a lot of emotions. Disappointment, bitterness, and anger all are common. There are many people you can turn to for support. Friends, family members, and counselors all are good options. However, the options do not include your children. No matter how upset you may be, it usually is not wise to speak critically about your spouse to the kids. For one, it can impact your relationship with your children. It also might end up hurting you in court. So here are a few things to know about parental alienation in Texas. 

What Is Parental Alienation?

Parental alienation occurs when one parent attempts to “turn” the children. The alienating parent says or does things that are intended to make the kids believe the other parent is selfish, bad, dangerous, or does not love them. 

At the same time, the alienating parent also is trying to “win over” the kids. The parent may be looking ahead to the custody battle. He or she may be hoping that the children will “choose” him or her. In extreme cases, the alienating parent may be hoping the children decide they don’t want anything to do with the other parent. 

Is Parental Alienation a Sickness?

The American Psychological Association (APA) defines parental alienation as a child “being manipulated” by one parent to turn against the other. The APA does not formally recognize parental alienation syndrome. They note that there is a lack of scientific evidence. The American Psychiatric Association also does not recognize it. However, mental health professionals are well aware of the dangers of parental alienation in Texas. Some psychologists have called for it to receive greater attention. 

Is Parental Alienation A Crime in Texas?

The Texas Penal Code does not have a specific law against parental alienation. So you can’t be arrested for it, and you can’t go to jail. But as we will see, there still can be significant consequences for doing it. However, do not think this means that Texas courts do not take parental alienation seriously—in fact, the exact opposite is true. 

What are the Warning Signs of Parental Alienation in Texas?

As noted, there is no specific law against parental alienation. Even so, there may be warning signs of alienation, and many judges are able to spot them. These include: 

• Openly criticizing your spouse to your children. For example, “Your dad has never been good for anything,” or “This is all your Mom’s fault.”
• Preventing the kids from communicating with the parent, or interfering with the communication. For example, listening in on their phone conversations or checking text messages. 
• Preventing the kids from spending time with the parent, or interfering with the visit. 
• Intentionally excluding your spouse from important events, such as sports or birthday parties.
• Withholding important information about the children from your spouse. 
• Making important decisions about the well-being of the children without involving the other parent.
• Creating situations where your children have to “choose” between the two parents. 
• Withholding affection from your children because they still care about the other parent. 

This is not a complete list. In short, anything you do that may cause the children to dislike, fear, or hate the other parent may be considered parental alienation. And while your goal may be to get closer to your children, the result may be the opposite. 

What if My Spouse is Committing Parental Alienation in Texas?

Because there is no specific law, this can be difficult to prove. Judges are cautious in dealing with suspected parental alienation in Texas.

Start by documenting situations where your spouse has done this. You can also speak with anyone who regularly interacts with the child. This would include relatives, adult teachers, or coaches. Ask if they have observed any incidents and if they would be willing to appear in court. Direct testimony can be very helpful. The court may rely on input from a third party, such as a counselor, mental health expert, or legal guardian. 

If your spouse will go along with it, you may have your child speak with a therapist. And if you think the impact on the child’s life is serious enough, you may consider filing a motion to restrict his or her’s parenting time. 

What If I am Accused of Parental Alienation in Texas?

Just as it can be hard to prove alienation, it also can be hard to disprove it. If your spouse has accused you of this, start by doing some self-reflection. Is it possible you really have been committing parental alienation? If so, you can consider openly acknowledging it. Then commit yourself to do better in the future. A counselor or mental health expert may be able to help you. 

If you are not sure, start by asking for details. Have your spouse describe the specific situations where he or she thinks you committed parental alienation in Texas. Family members and friends may be able to affirm that you are a good parent. 

Whatever the outcome, there is one positive thing you and your spouse can do. Make an agreement that you will not use the children as “weapons” in the divorce. Commit yourselves to speaking highly of each other. If nothing else, you should at least staying neutral. 

Can My Child Testify in a Parental Alienation or Child Custody Case?

This depends on a number of circumstances. In Texas, a child must be at least 12 years old before he or she can state a preference as to who they will live with. (The court does not have to honor this request.)

The court is unlikely to put a child on the witness stand. However, the judge may request to meet with the child. A court reporter may be present to prepare an official transcript. If your child provides clear examples of how you have attempted parental alienation, it could impact your divorce. 

False Allegations of Child Abuse Are A Felony

Some parents may be tempted to go beyond these tactics. In an effort to win over the children, they may accuse the other parent of child neglect or child abuse. 

This also can be a form of parental alienation. But it is much more serious. The Texas Family Code states that knowingly making a false accusation of child abuse is a felony. If you are convicted, the punishment can be a fine of up to $10,000 and/or up to two years in prison. 

Of course, these charges won’t help your relationship with your children. Thus, the possible advantages of a false abuse allegation rarely are worth the enormous potential consequences.

What are the Legal Consequences?

A parent acts this way because he or she wants more control. But the consequences for parental alienation in Texas can be serious.  For one, the court is likely to be distrustful of you. The judge may restrict your visitation rights, or give primary child custody to the other parent

The reality is that when you commit parental alienation, you are jeopardizing the very control you are trying to gain. 

Making Your Child the Victim of Parental Alienation Also Can Affect You After the Divorce

Some parents may wait until after the divorce before they try to “turn” the children. For example, a parent may ignore court orders about child custody and visitation rights. This also has legal ramifications. 

If your ex can prove that you are guilty of parental alienation in Texas, he or she may seek to get the custody or visitation arrangements modified. The Texas Family Code calls this a Suit Affecting the Parent Child Relationship, or SAPR. The law states that judges must make custody decisions based on the best interest of the child. This includes modifying a court order when necessary. 

Parental Alienation Can Permanently Damage Your Relationship With Your Children

Of course, it is possible to be an alienating parent without getting “caught.” But in the larger sense, that shouldn’t matter. The question is not whether making your child the victim of parental alienation in Texas will affect your custody case. The question is how it will impact your child. 

When you attempt to “turn” children against the other parent, you are damaging your own relationship with them. One psychologist has called parental alienation “a significant form of harm to children.” He believes that courts should approach it the same as they do child abuse. 

Regardless, your children eventually will figure out what you did. And they may forgive you for being an alienating parent. But they also may resent you for acting against their best interest. The frustrated children may end up concluding that neither parent can be counted on. Or they may end up just turning on you. 

In sum, parental alienation is a terrible thing to do. Your primary concern should always be the same one the court has: Doing what is in the best interest of your children. Period.

An Experienced Attorney Who Can Help You With Your Divorce or Child Custody Case

Whether you have children or not, divorce can be stressful. And if you are concerned your spouse is committing parental alienation, the challenge can be even greater. The law firm of Sean Lynch and Associates has been providing expert legal help for more than 10 years. They are ready to serve clients in Fort Worth, Arlington, and Greater Tarrant County. To schedule a no-cost case consultation, contact our family law practice today, 817-668-5879.

Children are a contentious part of many divorces. Who will get primary custody? How does a judge decide what is fair? And what can you do if you think the court has made a mistake? Today’s blog will look at a recent decision by the Texas Supreme Court in a case called In Re C.J.C. The case involved a separation, an accidental death, and the custody rights of fit parents. If you or someone you know is expecting a messy custody case, it is worth your time to be familiar with it. 

Background of the Custody Battle: A Fiancé and a Traffic Accident

The Texas Supreme Court issued its ruling in 2020. But like most cases, this one was several years in the making. According to the Court’s opinion, a couple had lived together for five years. They never married, but they did have a child, who the court called “Abigail.” After five years, the couple separated. Their custody arrangement called for Abigail to live with her mother about 54 percent of the time, and with her father the remainder of the time. 

Afterward, the mother started dating someone else, a man named Jason. They moved in together; thus, when Abigail was living with her mother, she was spending time with her new boyfriend as well. Jason stated that he had a good relationship with Abigail, and she called him “Pops.” This arrangement had continued for about 11 months. 

The couple eventually got engaged. And at some point in the process, the girl’s mother filed a suit seeking to modify the court order: She wanted full custody of Abigail for her and Jason. But in 2018, before they could be married, the mother was in a car accident and died suddenly. 

A Question of Custody

Besides being an obvious tragedy, the mother’s death added an unexpected complication to the child custody case. After the accident, Abigail moved in with her biological father, named Chris. 

However, Jason did not want to lose access to Abigail. The girl’s maternal grandparents also worried they would not get to see their granddaughter. So both parties filed a petition with the court and asked to be named joint managing conservators. The fiancé also wanted periods of possession. In other words, they wanted shared child custody. 

Abigail’s biological father, Chris, opposed this plan, and the case went to court. A lower court dismissed the grandparents’ case. But the court allowed Jason’s case to proceed. Learn more about your legal rights as a grandparent. 

Why Did the Fiancé Want Child Custody?

In his suit, Jason stated that his request for shared custody was an attempt to fulfill his fiancé’s wishes. He also argued that, even though he was not Abigail’s biological parent, he was a significant part of the girl’s life and had served as a parental figure for her for at least six months. Six months is the amount of time Texas requires before a non-parent can request custody rights. 

The Texas Family Code states that the child’s best interests must always be the court’s primary consideration. A trial court awarded Jason temporary custody order. The court noted that the fiancé had lived with the girl for at least six months and that it was in the child’s best interests for him to continue to be involved in her life. 

Chris, the biological father appealed this decision. And in June of last year, the case made its way to the Texas Supreme Court.

Why Did the Father Think He Should Have Full Custody?

Chris maintained that the temporary child custody order issued by the trial court violated his parental rights. His attorney’s argument relied heavily on a ruling issued by the U.S. Supreme Court in 2000 in the case Troxel v. Granville.

In that case, the Texas Supreme Court ruled that if someone is considered a “fit” parent, he or she has a right to care for their child as they see best, without interference by the state. The court further held that any judge’s decision that overrides the parental rights of a fit parent is unconstitutional. The father argued that the ruling in Troxel v. Granville overrode the fiancé’s claim for custody. 

For his part, the fiancé’s lawyer argued that when Chris had gone to court seeking help in the custody matter, he had effectively surrendered his parental rights to determine the child’s best interests. If this was true, it would nullify the precedent set in Troxel v. Granville.

How the Court Decided this Custody Case

The Texas Supreme Court ruled unanimously in favor of Chis. The Texas Supreme Court recognized the right of fit parents to decide what is best for their children, and this presumption is “deeply embedded” in Texas law. Just as important, the court noted there was no indication that Chris was in any way an unfit parent. 

The Texas Supreme Court ruled that when the lower court had given the fiancé temporary custody, they had essentially overridden the parental rights of Chris to decide what was best for Abigail. The court wrote: 

Why This Custody Rights Case Matters to Fit Parents

Children routinely have other adults involved in their lives. This can be especially common when the parent’s divorce. The divorced parents may start dating; eventually, one of those people may become the child’s stepparent. When someone who has parental rights dies, the question of who gets custody can get complicated and ugly. 

The case In Re C.J.C. reaffirms, in no uncertain terms, the constitutional right of fit parents to determine the best interests of the children. Specifically, the case reaffirms the right of that parent to retain sole custody over the wishes of a non-parent to have custody. 

Simply put, if you are a non-parent who is trying to get custody of a child, you are facing an uphill battle. And if you are a parent who is battling with a non-parent to retain custody, you need to know that the law is on your side. 

How Do Courts Decide Who is a Fit Parent?

The Texas Family Code outlines several conditions that can justify a parent losing possession of his or her children. A parent may lose custody if he or she:

• Was absent for at least three months
• Knowingly engaged in conduct that endangered the well-being of the child, or knowingly allowed the child to be in a situation that endangered his or her well-being
• Has abused drugs or alcohol
• Has been convicted of a serious crime
• Voluntarily and knowingly abandoned the woman, or failed to provide adequate support, during the time of her pregnancy and through the birth;
• Is responsible for the child being born addicted to alcohol or an illegal drug;
• Knowingly refused to comply with court orders
• Failed to provide adequate support for the child over an extended time
• Voluntarily abandoned the child with an expressed intent not to return;
• Has had his or her parental rights terminated in another case

In making custody decisions, courts work from the presumption that ideally, it is in the child’s best interests to have both parents actively involved in his or her life. Courts also will assume that parents are fit to care for their children unless proven otherwise. 

To override that assumption, someone must show that the parent is somehow unfit. In their initial lawsuits, neither Jason nor the girl’s grandparents had presented any evidence that Chris was in any way an unfit parent. Thus, the mother’s initial lawsuit seeking full custody of Abigail probably would have failed anyway. Read our blog about how to win custody in Texas. 

The Custody Rights of Fit Parents Are Too Important to Leave to Chance

Custody cases can be stressful, contentious. and complicated. At Sean Lynch, our lawyers are experts in the Texas Family Code and very experienced in the complexities of these cases. We will fight for your family in court, while always remaining sensitive to the concerns of protecting your child or children. We also offer transparent, affordable pricing.

For a no-cost, initial consultation, contact our office or call 817-668-5879. You’ll be happy with your decision to consult with our award-winning Tarrant County divorce attorneys.

You’ve made the decision to get divorced. And now you are considering making another big decision: You want to have possession of the kids. We should say upfront, it is not easy for a mother or father to achieve this. But it can be done. So if this is something on your mind, here are some key things to know about how to win custody in Texas. 

What Does it Mean to Have Child Custody?

Before explaining how to win child custody, we need to explain a few things about family law in the State of Texas.  

First, Texas has two types of custody, physical and legal. In a divorce, the court usually orders the children to live most or all of the time with one of the two parties. The person has physical custody, and the court calls him or her the custodial parent. 

But a parent can also have legal custody. A parent who has legal custody has the right to be involved in making important decisions for the child. For example, the parent has the right to make decisions about the children’s education, medical care, place of residence, and general welfare. 

What Does It Mean to Be a Conservator?

Child custody cases in the State of Texas can be confusing because courts don’t use the term “custody.” Instead, they refer to conservatorship. The court calls the parent with whom the children live the custodial parent, or primary conservator. 

Judges call the other party the non-custodial parent, or possessory conservator. The judge often requires the non-custodial parent to pay child support. 

For example, when the divorced parents have equal decision-making authority, it means they have a joint managing conservatorship. You may also hear the term joining legal custody. And when a parent wants the exclusive right to make decisions, it means he or she is requesting to be named sole managing conservator. This may also be called sole custody, or your friends may casually mention it as “full custody.”

These terms matter because if you tell your family law attorney you want to get custody of your children, he or she is likely to ask, “What exactly do you mean?”

It is Not Easy to Win Child Custody in Texas

As family law attorneys will tell you, it is not easy to be named sole managing conservator. This is because of how Texas Courts operate. The Texas Family Code Section 153.002 states, “The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

Obviously, this sounds very appealing to a parent—we all want what is best for the children. However, courts are inclined to believe that the children’s “best interest” means having both parents deeply involved in their children’s lives. So if you are wanting to be named the sole managing conservator, it means you are asking the court to parent your ex from having any say in the lives of his or her children. 

Thus, while it is possible to win custody, it is not easy. It will be up to YOU to convince the court that this is in the best interest of your children. And it will not be enough to simply claim that your spouse is a “bad parent.” This is why if you think you will have a custody battle, we encourage you to hire a skilled family law attorney. 

What are the Grounds to Win Sole Custody in Texas?

The Texas Family Code, Chapter 161, Subchapter A defines the requirements for a parent to win custody in Texas. Here is a simplified list of reasons why the court may terminate the custody rights of the other parent: 

• Was absent for at least three months
• Knowingly engaged in conduct that endangered the well-being of the child, or knowingly allowed the child to be in a situation that endangered his or her well-being
• Has abused drugs or alcohol
• Has been convicted of a serious crime
• Voluntarily and knowingly abandoned the woman, or failed to provide adequate support, during the time of her pregnancy and through the birth;
• Is responsible for the child being born addicted to alcohol or an illegal drug;
• Knowingly refused to comply with court orders
• Failed to provide adequate support for the child over an extended time
• Voluntarily abandoned the child with an expressed intent not to return;
• Has had his or her parental rights terminated in another case

Generally speaking, if you want to win custody in Texas, you need to be able to show that your spouse or ex has put your children in serious physical or emotional danger. 

As we mentioned, this not a full explanation of the grounds for winning a custody case. Every situation is a little different, and it is not always easy to know the best interest of the child. This is another reason why if you are facing a custody battle, we highly recommend you consult a divorce attorney. 

It Is Time-consuming and Expensive to Win Custody

We have already stated that it is difficult to get full custody in Texas. It also can take time. Your spouse or ex is not likely to accept your decision and probably will hire a lawyer. While it is unlikely, a sole conservatorship case can last for years. 

Of course, the longer a case goes on, the more expensive it is. And keep in mind, family law is not the same as personal injury law. Thus, you should not expect the lawyer will only charge you only if he or she wins the case. 

We don’t want to discourage you. If you sincerely believe that terminating your ex’s parental rights is in the best interests of your children, then you should pursue it. We just want each Texas family to be aware of the potential issues that may arise. 

A Parent May Want to Consider Other Alternatives to Full Custody

How important is it to you to get full possession of your children? The court system usually is more open to alternative arrangements. For example, a parent could ask the court to limit the amount of access and visitation rights the ex has. Another option is to ask the court to deny your ex the right to make decisions on specific issues. 

The more things you are willing to negotiate, the more receptive a family law judge may be to your requests. You also may have more success convincing your spouse or ex to go along with your plan. Read our blog about how to change a Texas Court Order for Child Access.

Be aware that even if you win custody in Texas in your divorce, the judge may still award visitation rights to your ex. In addition, if the court gives you sole managing conservatorship, it is possible that your ex will not have to provide any child support. An experienced divorce lawyer can be very helpful in advising you on these matters. 

What if I am at Risk of Losing Custody in Texas?

A parent also must be prepared to consider the other side of the coin: what if your spouse or ex is trying to take the children away from you? Ideally, we all prefer to avoid conflict, and we always want to focus on the best interests of the child. 

But while it’s nice to have an amicable separation, your children are a different matter. If you decide to handle your own conservatorship case, you might make a mistake that gives your ex sole child custody. 

True, you can always request a court modification afterward. But the judge may well wonder why you accepted the custody arrangement in the first place. And if you file an appeal, it is going to cost you more time—and more money. Read our blog about changing a custody order without going to court.

In a Family Law Case, the Stakes are High

Divorce can be stressful. If it involves a custody case, the divorce can be both stressful and contentious. 

At Sean Lynch, our lawyers are experts in the family code and very experienced in the complexities of a child custody cases. We will fight for your family in court, while always remaining sensitive to the concerns of protecting your child or children. We also offer transparent, affordable pricing, as well as a no-cost initial consultation. 

Your parental rights are important to you, and they are important to us, too. For a no-cost, initial consultation, contact our office or call 817-668-5879. You’ll be happy with your decision to consult with our award-winning Tarrant County divorce attorneys.

If you are a divorced parent, your decree included instructions from the court about child custody arrangements. This court order is legally binding, and both parents must abide by its terms. But life can change, and it’s possible that one or both parents may decide the existing arrangements are no longer practical. So you may be wondering, “Can you change a custody order without going to court?” The short answer is “Yes.” But there’s much more to know, so let’s discuss it now.

Defining Child Custody and Conservatorship

First, a quick refresher. There are two parts to custody, physical and legal. Physical custody refers to who the children live with. Legal custody refers to having the right to be involved in making decisions about the children. This includes decisions about their health care, education, and well-being.

However, Texas courts do not use the term custody. Instead, they use the term conservatorship. If both parents share custody, it is called joint managing conservatorship. And if only one parent has custody, it is called sole managing conservatorship.

In a divorce case, it is likely your friends and family will use the term custody. But with your attorney and in court, you can expect to hear the term conservatorship. 

How Easy Is It to Change a Custody Order Without Going to Court?

The good news is, it relatively easy to change a custody order without going to court—sometimes. The first step is to talk with your ex. If you both are in agreement on the change, you can get the custody order modified by working with a local mediator. The process can be completed in about X weeks, and you will need to pay a fee.

The second step is for the two of you to review your current custody order and make sure you fully understand it. While unlikely, it’s possible you won’t need to make any modifications to the order.

Third, you will need to be able to provide a compelling reason why you want the custody order changed. 

What Are Some Reasons to Change a Custody Order?

As noted, Texas requires parents to have a compelling reason for wanting to change a custody order, even if you do not go to court. Usually, this means there has been a significant change of circumstances. Examples of a significant change include:

• A change in the work schedule of a parent
• One of the parents is being neglectful, unreliable, etc.
• The child or children wish to spend more time with the non-custodial parent
• One parent moves closer to the other
• One parent wishes to move away

Be aware that Texas courts make custody decisions based on what they think is in the best interests of the children. So you will want to be prepared to address this concern. But as noted, if you want to change a custody order without going to court, the key factor is whether you and the other parent agree on the modification.  

You Can Change a Custody Order without Going to Court, But there are Risks

If you and your ex are on good terms, you may be tempted to work out a new custody arrangement entirely on your own. Clearly, this approach is both quick and much less expensive. But it also has pitfalls.

1. First, it is alarmingly easy for one or both parents to take advantage of an informal agreement. This can create unnecessary and unfortunate tension for the two of you. For example, your former spouse might request to have the children stay with him or her for an extra day. But the “extra day” turns into extra days. Then you find that these “extra days” become a reoccurring pattern. And then you start considering getting even. 
2. Second, be aware that if your ex does violate the informal agreement, you have no legal recourse. Your only remedy is to go to court and request a court-ordered modification. Of course, at that point, your ex may not be as willing to agree to the original plan.
3. Of course, the opposite holds true as well: Your spouse could go before a judge at any time, and you would have no way to prove to the court that the two of you had made an informal agreement. 

If You Change a Custody Order without Going to Court, Be Sure to Do It Properly

This is why, even if you do not court, we strongly recommend you put your revised agreement in writing. The agreement should be easy to understand, and include provisions for custody, visitation, and child support. 

For example, the new agreement might say, “This custody revision change does not affect the existing child support arrangements in any way.”

You can prepare this document without a lawyer, but as we noted above, there are risks. Therefore, we also highly recommend that you have an experienced divorce attorney write the document or at least review it. Down the road, this could save you a lot of heartache—and expense.

Last, you also will need to sign the custody order change in front of a notary public, who also will charge a fee.

Can You Change a Custody Order without Going to Court if Your Ex Is Opposed to It?

Simply put, no. If your ex does not want to change the custody arrangement, you will need to hire a lawyer. He or she will help you prepare the documents and present them to the court. As previously noted, this is where you will need to provide compelling evidence why the judge should modify the court order, and how it serves the best interests of the children.

Considering a Change to a Custody Order? Our Award-winning Law Can Assist You

Child custody arrangements can be one of the most contentious parts of a divorce. Even if you and your ex are in agreement on the need for a modified custody order, it is wise to seek the input of an experienced divorce attorney.  Sean Lynch, PLLC, our Fort Worth divorce attorneys with more than 10 years of experience. They have successfully handled divorce cases, including issues of child custody and asset division. If you need help, contact our family law practice today to schedule a no-cost consultation with our top-rated attorneys.

Does being unemployed affect child custody? The short answer is no. But of course, there is much more to consider. After all, if you are divorced, have kids, AND are unemployed, your world can be extremely stressful. You can’t help but worry: If I don’t have a job, will I lose custody of my kids? It’s not something any parent wants to happen, and we’re happy to report that it can be prevented. Let’s take a quick look at this topic.

What to do If You Lose Your Job

If you become unemployed, there are several things you can do to help protect your custody rights. First, immediately tell your ex that you have lost your job. We know how difficult this can be, especially if you and your ex are not on good terms. But it’s essential for your ex to know that your financial situation is changing. Besides, he or she will find out soon enough.

The next step is to file for unemployment benefits with the Texas Workforce Commission (TWC). If you are making child support payments, be sure to provide this information. In most cases, TWC will deduct the payments from your unemployment benefits.

The next step is to consider telling your kids that you are unemployed. Again, we recognize how painful this might be. But—unless your kids are very young—they will be better off knowing what you are dealing with, and what you are doing to make sure you do not lose custody.

Be sure to tell your friends that you are unemployed, too. They may be able to help you find a job, and you want to do everything you can to keep custody of your children.

If I Am Unemployed, Will I Lose Custody of My Kids?

In Texas, judges are expected to make custody decisions based on what they believe is in the best interests of the children. And whenever possible, Texas courts want both parents involved in their kids’ lives. In Texas, the courts describe this as joint managing conservatorship.

Therefore, you will not automatically lose child custody just because you are unemployed. For example, in order to provide a stale home for the kids, you may move in with a relative or friend.

However, know that what a court considers to be best for the children does not always seem “fair” to the parents. For example, your ex may argue that he or she has a more stable income, and deserves to have custody of the children.

Therefore, if the judge determines that the unemployed parent truly is not able to meet the best interests of the children, he or she may give custody to the other parent. Of course, this can be very distressing. But keep in mind that the parent can petition the court to regain custody after he or she has found work. 

Caring for the Kids is Different than Being Unemployed and May Not Affect Custody

When the couple is married, it is not unusual for one parent (usually the mother) to stay home and care for the children. In this case, being “unemployed” is not the same as losing your job. In fact, the court may give the woman child custody and order the other spouse to pay child support and spousal maintenance, commonly known as alimony.

At the same time, the court is likely to expect the parent to actively search for employment eventually. More important, if a parent is voluntarily unemployed or underemployed, this can significantly affect their parental rights.

If You Are Making Child Support Payments, Keep Doing Them Even if You are Unemployed

If you are making child support payments, the court expects you to keep up with them—even if you have lost your job. So you should keep paying child support even if you are unemployed. If you skip payments, you will have to pay them eventually, perhaps with interest added. 

More significant, failing to pay child support can seriously endanger your child custody and visitation rights. In a worst-case scenario, the court could find you in contempt. The judge could fine you or order you to do time in jail.  

You Can Request a Modification to Your Court Order

If you become unemployed, you can petition the court to adjust your child support payments. The Texas Attorney General’s Office states, “Noncustodial parents who lose their job or see their income decrease can complete a Request for Review.” 

However, the Attorney General’s Office also states, “Your child support ordered amount does not change until the court changes it.” Therefore, you should submit your request as soon as possible. And keep making payments while your request is under review.

In short, don’t let anything, including being unemployed, jeopardize your child custody rights, now or in the future. A family law attorney experienced in child custody cases can be very helpful in these situations.

What if I Am Ineligible for Unemployment Benefits?

As noted, the court expects you to continue making child support payments. If the TWC denies your request for benefits, you should share this information with your ex and with the court as quickly as possible. Also, be sure to keep an accurate record of your job search activities.

Again, being unemployed does not directly affect child custody. You want to keep it that way.

Don’t Take Chances with Your Children

Whether you are unemployed or working, if you are going through a divorce, you don’t want to take chances with your child custody rights. Sean Lynch, PLLC, is here to help. Our Fort Worth law firm can provide you with experienced, compassionate legal representation. We will fight to protect your parental rights while being sensitive to you and your family. For a no-cost, 30-minute case review, call us today at 817-668-5879.