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Common Custody Problems

LGBTQ Child Custody Lawyer Austin, TX

Sometimes it’s better to leave a toxic relationship than to stay in it. If you have children with your partner, you may find that it’s impossible to sever ties with your partner completely. Some custody cases are amicable and are easy to resolve, but a large percentage of cases can involve complex factors that make them difficult to resolve. If you’re facing any of the following problems in your custody case, be sure to contact a child custody lawyer for more assistance. 

Interstate Custody

Parents who split up and move to different states might find custody cases very complex — even if they’re in agreement of who should have custody of the child. Either parent can file for a petition of custody wherever they live, and if you cannot attend hearings, a child custody lawyer can request that the case be relocated to a closer court. 

Relocating With Your Child

Custody is always determined based on what is best for the child. Most judges will rule in favor of the parent who is best able to provide stability and continuity. While moving across the state (or even across the country) to start a new life after a divorce might be good for you, a judge might frown upon this. 

Furthermore, keep in mind that relocation may be an issue long after custody has been decided. If you already have custody of your child and their other parent has visitation rights, be aware that your custody agreement might prohibit you from moving to another state with your child. 

False CPS Reports

Sometimes, in particularly heated custody disputes, one parent might file a false report of abuse with Child Protective Services in order to harm the other parent. If this has happened to you, you’ve probably already been investigated by CPS. The good news is that if a CPS report is deemed to be false or based on unfounded allegations, it shouldn’t hurt your custody rights at all. You may still wish to consult with a child custody lawyer about whether to testify about this incident in family court — it might actually help your case.

Withholding Visitation

If your child’s other parent has temporary custody during custody proceedings, the court will likely grant you visitation rights during this time. Unfortunately, some parents interfere with visitation as a way of getting revenge on their former partner. This is ultimately something that can really harm a custody case for the parent who is interfering. Family court judges like to see that parents are willing to put aside their differences and do what is best for their children. If one parent displays an unwillingness to cooperate, the judge might decide to give the other parent custody. 

While there might not be an immediate solution to this problem, know that it certainly won’t benefit your former partner in the long run. Be sure to speak with a LGBTQ child custody lawyer in Austin, TX from Gray & Becker, P.C. about how you can document this violation and never reciprocate if you find yourself in the position to do so.