How Can I Protect My Children in a Contested Divorce?

 Posted on September 19, 2023 in Divorce

Divorce is a legal process that ends a marriage and divides property, debts, and parental responsibilities. It can be a difficult and emotional time for everyone involved.

In some cases, couples can agree on the terms of their divorce without going to court. This is called an uncontested divorce. However, if couples cannot agree on the terms of their divorce, it becomes a contested divorce. Child custody and visitation is one such disagreement that can lead to a contested divorce.

Contested divorces can be more complex and expensive than uncontested divorces. Each spouse will typically need to hire their own attorney to represent them in court.

How Do I File for Divorce With Children?

The process of filing for divorce is the same whether or not you have children. You or your spouse must file the original divorce petition, and the other spouse becomes the respondent.

However, children who are not living in Texas can bring about a potential complication. Texas is no longer your child's "home state" if they have not lived in Texas for the last six months or they were born in Texas but have not been in the state for longer than six months.

As a result, the Texas court may not make custody and visitation decisions about your child. You may have to file a custody case from a court in the jurisdiction where your child lives.

To determine whether Texas is still your child's "home state," the court will consider factors such as your child’s:

• Physical presence in Texas

• Parents' intent about where a child will live

• Contacts with the child’s community in Texas

• Ties with the community in the other state

Tips for Protecting Your Child During a Divorce

Divorce can be a difficult time for children. They may feel sad, angry, confused, or scared. There are things parents can do to help protect children during a divorce and make the transition easier:

• Children should not have to see their parents fighting. It can be very upsetting for them.

• Even if you are angry with your ex-spouse, it is not fair to talk badly about them to your children. This can make them feel like they have to choose sides.

• Try to be consistent with things like bedtime, homework, and discipline. This will help children feel more secure.

• Children need to have time with both of their parents, even if they are divorced. This will help them maintain a relationship with both parents.

• If you are having trouble coping with the divorce, do not be afraid to get help. A therapist can help you manage your emotions and learn how to talk to your children about the divorce.

Following these tips can help you protect your children during a contested divorce. It is important to remember that every child is different and will react to the divorce in their own way. Be patient and understanding, and offer your children your love and support.

Contact a Houston, TX Divorce Attorney

Though divorce can be a trying time for children, remember that they are resilient. With the help of their parents, they can get through this and come out stronger on the other side. A good Harris County, TX divorce and family law attorney can also be a huge help when going through a divorce.

The The Cusic Law Firm, P.C. is a boutique family law firm that prides itself on quality legal representation. Call 713-650-1866 to set up a free, over-the-phone consultation and understand how you can best shield your children from the harm of divorce.