What causes some custody disputes to end up in trial?

You may expect custody issues to settle through discussion, mediation or an agreement between parents. In some cases, that will happen. In others, disputes involving your children may become too difficult to settle outside court.

Custody cases can become more contentious when parents disagree about important parts of a child’s life. If the conflict continues, a judge or jury may need to decide the outcome.

Some custody disagreements are difficult to compromise on

Custody disputes can become emotional because parents may believe the outcome will affect their child’s future or time with the child. In these situations, compromise may fail. Some disagreements that may lead to a custody trial include:

• Disputing where the child should mainly live
• Requesting different parenting schedules
• Seeking permission to move with the child
• Raising concerns about a parent’s home
• Claiming the other parent is harming the parent-child bond

Even parents who begin the process on good terms may struggle to settle major custody disputes. The more personal the issue feels, the harder it may become to reach an agreement.

High-conflict communication can make settlement harder

Some custody disputes become harder because communication between parents breaks down over time. Arguments, hostility or mistrust may make talks about parenting schedules or major decisions more difficult.

Courts may also review how each parent communicates during the case. Angry text messages, hostile emails or harmful social media posts may affect how each parent appears in court.

Allegations involving safety concerns may increase conflict

Custody disputes become more serious when claims involve a child’s safety or well-being. For example, one parent may accuse the other of substance abuse, neglect or creating an unsafe home for the child. These situations may lead to more hearings and closer court review.

Settlement may also become harder when parents give very different accounts of what happened. In those cases, each side may believe the court needs to hear the evidence and decide the facts direct

Some custody cases require a judge or jury to decide the outcome

Texas courts encourage parents to settle custody disputes when possible, but not every case will settle through negotiation or mediation. If major disagreements continue, the case may go to trial.

During trial, the court will focus on the child’s best interests. Judges may review each parent’s role in the child’s life, the stability of each home and each parent’s ability to support the child’s relationship with the other parent.

Custody disputes can become more difficult than you expected

Many parents begin custody discussions hoping to avoid litigation, especially when children are involved. Still, disputes involving parenting time, relocation or ongoing conflict may become too difficult to settle privately.

If custody disagreements continue to grow, careful preparation and a practical legal strategy may help you protect your relationship with your child while helping your family find more stability.

Vernier & Associates, PLLC

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