What Should I Avoid Doing in a Texas Custody Battle?
Custody issues are often extremely emotionally charged, with good reason. It can be difficult as a parent to think about an outcome that harms your child or limits your rights to them. However, it’s important not to let fear dictate how you approach your custody case. Doing so will only add strain to your life in the short term. It may also hurt your position in court.
If you're heading into a custody case in 2026, a Tarrant County, TX custody attorney can help you go into it with confidence.
What Are the Most Damaging Mistakes in a Texas Custody Case?
Many behaviors that hurt a parent’s custody case are fairly small. The parents themselves may not even register them. However, the following behaviors can be very telling for a judge reviewing the case.
Speaking Negatively About the Other Parent in Front of Your Children
Texas courts favor parents who actively support the child's relationship with the other parent. Texas Family Code § 153.134 identifies each parent's willingness to encourage and accept a positive relationship between the child and the other parent as an important consideration when courts approve joint managing conservatorship arrangements.
A parent who disparages their co-parent or tries to turn the kids against them will be viewed unfavorably by the court. The same is true of parents treating their children as bargaining chips or as messengers to go between the parents.
Violating Temporary Court Orders
When a custody case is filed, temporary orders often go into place to maintain stability for the child during the proceedings. Violating these orders can result in contempt findings against you. Missing exchanges, taking a child out of state without permission, or other overreaches of your orders will seriously damage your standing with the court.
Remember that the judge who oversees your custody proceedings is often the same one who makes the final judgment. It is in your and your children’s best interests to be compliant during the entire court process.
Making False Accusations
Some parents will accuse the other of misconduct in an effort to strengthen their own case. If the accusations are false or unsupported, this will backfire badly.
Texas law allows courts to consider evidence that a parent knowingly made a false report of child abuse or neglect. In some circumstances, knowingly making a false report may also result in civil penalties of up to $500 or other legal consequences.
Evidence of the false report also becomes admissible in your case. This means it can stand as a vote against your credibility or fitness as a parent.
Posting Inappropriately on Social Media
What you say on social media, even anonymously, may well be used in your custody case. Posts or photos that contradict statements you have made in court can damage your case. Similarly, negative or false posts about your co-parent may be used as evidence against you.
If an emergency arises that affects your ability to comply with a court order, tell your attorney as soon as possible. Your attorney can advise you on the appropriate way to notify the court or the other parent if necessary. Tell your lawyer if an emergency comes up that requires you to disobey your court order or similar. Proactive communication shows that you are trying to follow what you have been instructed to do.
What Other Mistakes Should You Avoid During a Texas Custody Case?
In addition to the above behaviors, don't move your child without court approval. Relocating requires a formal modification process in Texas. Be willing to communicate civilly about your child with your co-parent as needed. Unwillingness to communicate with the other parent about your children may be negatively interpreted by the court unless there are safety risks involved.
Avoid coaching your child about what to say to the court, especially if it is negative about their other parent. Judges and professionals involved in custody cases are well-practiced at picking up when a child has been told what to say. Also, be cautious about bringing a new romantic partner around your children too quickly.
Call Our Dallas, TX Custody Attorney Today
The Law Office of Michelle Poblenz brings over 25 years of legal experience to every custody case, including a background as a former prosecutor for the Dallas County District Attorney's Office. We’re available to answer any questions you have about your upcoming custody case.
Call us at 469-845-3031 to discuss your case with our Tarrant County, TX custody lawyer today.


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