What To Do After Losing Child Custody In Texas

The Marble Team

What To Do After Losing Child Custody In Texas

Family Law
| 5 min

In a divorce, it’s generally better for everyone involved if the decisions on child custody can be agreed upon without the need to go to court. Parents fighting for custody often forget that they lose control over the outcome when a case goes to trial.

To maintain influence on the decision, both parents should do all they can to resolve child custody issues mutually. Sadly, that proves to be impossible in some cases, and the only choice left is to go to court. And that means taking on all the time, stress, expense, and conflict associated with a trial, plus the genuine chance that you lose your case.

If you’ve gone to court and lost custody of your child, you may believe that the judge’s decision is final and can’t be changed. However, that’s not necessarily true. Read on to learn more about your options when you lose child custody in Texas.


Understand Why You Lost Custody

By its very nature, divorce is a very demanding, challenging, and draining time. Understandably, all parties can get caught up in the case’s emotion, and it can be hard even to think straight. But if you’ve lost your child custody case, you need to be realistic. It pays to put your emotions to one side and think rationally about what’s transpired.

The law in Texas is crystal clear on child custody. Decisions must be made in the best interests of the child. In your case, the judge will have considered all the legal considerations and factors and decided that it was in your child’s best interests to be with your former spouse.

You might not like the result, but you won’t get anywhere by simply complaining about it. If you want to move forward, the first step is to understand why the decision happened. Only then can you start to do something about changing it.

See If The Custody Order Can Be Modified

Once the dust has settled and you understand the verdict, it’s time to consider your options. You can ask the courts to modify the custody order, or you can try and negotiate a revised custody plan with the court-appointed custodian.

It may also be wise to reset your expectations. For example, if you applied for sole custody, perhaps a better approach second-time-around is to seek joint custody. Child custody is a complex and complicated area of the law, so for that reason, you may find it best to seek professional advice from an experienced family attorney.

Address The Issues That Caused The Loss

Sometimes the issues that caused you to lose custody are clear and obvious. You may have moved out of state, and your child prefers to stay close to their other family members, friends, school, and clubs. Perhaps the judge took a dim view when you lost your temper in court and insulted your spouse or because you sent them nasty texts and emails. Maybe you have a record of substance/alcohol abuse or have been convicted of domestic violence.

You need to be brutally honest with yourself, and that’s not always easy. But if you’re serious about getting back custody of your children, you need to understand and then address the issues that caused the loss in the first place. For example, if substance abuse was the reason you lost your case, the judge may reconsider if you’ve successfully attended rehab and can prove that you’ve stayed clean. Character references from trusted sources are also helpful if you’re going back to court.

Consider Seeking Counseling

It can be challenging to cope and stay strong in the times before, during, and after a divorce. Many people find that professional counseling is highly beneficial to get through this difficult period in their lives. With counseling, you can overcome depression, manage anxiety, and improve self-confidence.

Another benefit is that it can help you to understand your situation and think more clearly. There’s no judgment in counseling, and you can use the therapy to change negative habits or thought patterns.

With greater self-assurance and belief in yourself, you’ll also be in a stronger position to address any issues that contributed to you losing your custody case.

Try To Find Local Support Groups

At one level, divorce represents the dissolution of a marriage, but at another, it marks loss. Depending on your circumstances, divorce can mean losing a dearly loved partner, your full-time relationship with your children, your family home, your lifestyle, your social status, your partner’s family, your dreams, your future, and much more besides.

Divorce can also be an incredibly lonely time. Fortunately, some excellent local support groups can help you through these difficult times. Members know what you’re going through because they’ve experienced it themselves. Their support and understanding can be of great benefit.

Support groups can also assist in another way. From their own experiences, members can often put forward suggestions and solutions that relate directly to your situation and improve matters.

It’s sometimes hard to believe it, but life goes on post-divorce, and local support groups can help you start living again.

See If The Custodian Is Willing To Negotiate New Terms

In some cases, child custody disputes get so hostile and personal that there’s no chance of any reconciliation between the parents. But you may find that after winning the major battle, your ex is more open to discussing revised terms.

Naturally, this is an area where you have to tread very carefully. After all the court case drama, it’s a chance for both parents to take a step back and rationally reassess what’s best for the child. Sometimes, the new terms’ motivation comes from the child, saying that they’d like to see more of the other parent.

Discuss Possible Ways To Reverse The Order With A Trusted Lawyer

If you’ve lost your custody battle and are unhappy with the result, you may conclude that there’s nothing you can do about it. However, by tapping into a trusted family lawyer’s knowledge and experience, there’s a chance to identify possible ways to reverse the order. And even in cases where that’s not possible, a family attorney can potentially help you secure more favorable terms.

Whatever your situation, a professional family lawyer knows how the law operates and can often suggest solutions that you hadn’t even considered. Finally, if your case does go back to court, you can improve your chances of a positive outcome by having an experienced professional at your side and on your side.

It’s an old truism that everybody loses in a divorce, mainly if there are children involved. But if you were defeated in your child custody case, all is not lost, and with the help of an experienced family lawyer, you may well be able to improve your custody arrangements.

Dec 30, 2020
The Marble Team