When you got married, you may never have anticipated ending up in a situation that would involve having to fight for your kids. However, your marriage did not turn out as happily as you had hoped, and though you, your spouse and your kids were happy for a time, the marital relationship began to see significant issues that led to the need for divorce.
Though you consider yourself a good parent, you may anticipate facing a difficult child custody ordeal during your divorce. If your soon-to-be ex intends to take a revenge approach to divorce, you may already know that he or she will attempt to use the kids against you.
Seeking sole custody
One of the biggest ways that parents try to use the children to hurt the other parent is by seeking sole custody. Though joint custody is becoming considered the better option more often, it does not mean that courts will not award sole custody. Still, even in cases where the court does award sole physical custody, both parents often retain legal custody.
In your situation, the other parent also wants to obtain sole legal custody and essentially make it as difficult as possible for you to make decisions for your children. It is important to note that the court will likely not award such custody unless evidence exists that you are an unfit parent or that your decision-making skills could harm the children. Still, that does not mean that you will not have to put up a fight to maintain your parental rights.
Negative aspects of sole legal custody
In cases involving an unfit parent, sole legal custody could benefit the children. However, if your case does not warrant such an arrangement, it could negatively affect your kids. They may begin to see you as less important because you do not have as much involvement in their lives, and they may deal with certain stress and strain from only having one parent make important decisions. Of course, you could also feel resentment and discouraged if the other parent receives sole custody.
Fortunately, you can put your best foot forward and work toward the custody outcomes that you believe best suit the needs and well-being of your children. It may seem difficult at times, but with the right information and the support of a Texas family law attorney, you may feel more confident in approaching your case.