How Can I Protect My Children in a Contested Divorce?

 Posted on December 17, 2025 in Child Custody

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 is one such issue that can lead to a contested divorce.

At The Cusic Law Firm, P.C., our Harris County, TX family law attorneys have over 25 years of experience. You can trust us to handle your contested custody case with the sensitivity and care it deserves.

Important Terms to Know for Texas Custody Cases in 2026

Although "custody" is the traditional term to describe a divorced couple’s legal relationship with their children, Texas law actually uses other terms to describe the specifics of custody orders.

Conservatorship and Joint Managing Conservatorship

"Conservatorship" is the term used to describe the power to make important decisions on behalf of a child. Parents who share "joint managing conservatorship" must make big decisions for the child together, including about issues like education, religious upbringing, afterschool activities, and more.

Sometimes one parent will be a conservator of specific issues and one parent will manage the others. This depends on your negotiations and your divorce decree.

Possession and Access 

"Possession" or "possession and access" is the term Texas uses to describe what is usually called visitation. Even if one parent is the sole managing conservator (meaning he or she makes all major decisions for a child), the other parent can still share possession.

Unless there is a good reason not to allow a parent to have possession, such as domestic violence or neglect, the law assumes that children do best when both parents are involved in visitation. Parents can create their own possession schedule or do so with the help of a court.

How Do I File for Divorce With Children in Houston?

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, according to Sec. 152.102 of the Texas Family Code. As a result, the Texas courts may or may not have jurisdiction over custody. You may have to file a custody case in the family court where your child resides.

To determine whether Texas is still your child's "home state," the judge will consider multiple factors. The court may review the child’s physical presence in Texas, the child’s ties to the community in the other state, the child’s contacts in Texas, and each parent’s intent.

Tips for Protecting Your Child During a Divorce

The United States Census Bureau estimates that nearly one-third of American children will see their parents divorce before age 18. This can be a traumatic experience for a child, especially if not handled carefully. There are many things parents can do to help protect children during a divorce and make the transition easier, such as:

• Avoid high-stress arguments in the presence of your child.

• Do not badmouth your co-parent to your child or try to turn your child against him or her.

• Try to be consistent between households with things like bedtime, homework, and discipline.

• Spend quality time with your child and try to encourage your child’s relationship with the other parent.

Following these tips can help you protect your children during a 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.

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.

What Happens if Parents Can’t Agree on Custody?

When parents cannot reach an agreement on where and with whom their child will live, the court must intervene to protect the child’s best interests. In Texas, a judge can appoint a guardian ad litem (GAL) to represent the child’s voice in court. The GAL conducts interviews, reviews school and medical records, and may visit each parent’s home to assess living conditions.

In more complex cases, the court may also bring in a child psychologist. These professionals observe interactions between the parents and the child and conduct evaluations. Then, the psychologist will provide a written report on the child’s emotional and developmental needs. In the end, the court will issue a custody order that supports a stable environment for the child.

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 Harris County, TX divorce lawyer can also be a huge help when going through a divorce.

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.