A combative divorce strategy can cost you custody time in Texas because judges evaluate your behavior, not just your legal arguments, when deciding what is in the best interest of your child. C.E. Borman and Associates helps parents in Bryan and the Brazos Valley protect their custody time with a court strategy that matches the outcome they actually want.
No one gets married expecting it to end, especially not in an emotionally charged, hostile way. It’s natural to feel anger and even a sense of loss, especially when children are involved. But the reality is that a combative divorce strategy can cost you custody time in Texas, as judges may perceive you as not acting in the best interest of your child (even if you feel like you are).
As many families who turn to C.E. Borman & Associates for guidance quickly realize, the way you handle that conflict is the only way to take back your power in divorce. Here’s some insight into what the law says about the way you go about divorce when you’ve got children.
What Is a High-Conflict Divorce?
A high-conflict divorce goes beyond normal disagreements. These situations often escalate quickly, especially in a contested divorce in Texas, where both parties struggle to reach an agreement. It typically involves:
- Constant arguments or refusal to cooperate
- Using children as leverage or messengers
- Excessive litigation or unnecessary court filings
- Hostile communication between spouses
How High-Conflict Behavior Impacts Custody Time
Under Texas Family Code Section 153.002, Texas courts prioritize the best interest of the child above all else. This means that judges closely evaluate each parent’s behavior, not just their words. If one parent appears combative, uncooperative, or unwilling to foster a healthy relationship between the child and the other parent, it can directly affect custody decisions.
Texas Family Code Section 153.134 specifically requires courts to evaluate whether each parent can encourage and accept a positive relationship between the child and the other parent before awarding joint managing conservatorship.
Some ways this can impact your custody agreement include:
- Reduced parenting time
- Court-ordered supervision
- Loss of decision-making authority
- Difficulty securing a favorable custody agreement
What Not to Do During a Divorce in Texas
Divorce can bring out the worst in people, but certain actions, even if you feel justified, can seriously damage your case. To make sure you’re perceived as acting in the best interest of your children, which you are trying to do (as emotional as this time is), it’s best to avoid the following:
- Speaking negatively about your co-parent in front of your child
- Ignoring parenting agreements or court orders
- Venting on social media about your situation
- Blocking communication or refusing a reasonable compromise
- Involving children in adult disputes
Does this mean you should stay silent? Not at all. Standing up for yourself and your child is important. The key is how you do it. Courts respect parents who advocate for their children in a calm, respectful, and solution-focused way. You don’t have to accept unfair treatment, but reacting aggressively can backfire.
Work with C.E. Borman to Protect Your Custody Time
Divorce is already challenging enough without adding unnecessary conflict into the mix. When emotions are high, it’s easy to lose perspective, but you don’t have to go through it alone.
If you’re facing a divorce or custody issue in Texas, the right legal guidance can make all the difference. C.E. Borman & Associates is here to help you navigate the process with clarity and confidence. Reach out today to discuss your situation and take the next step forward.
Frequently Asked Questions About How Combative Divorce Strategies Ultimately Cost Parents Custody Time
1. Can a judge reduce my custody time because of how I behave during the divorce?
Yes. Texas judges evaluate both parents under the best interest of the child standard, which includes how each parent behaves and whether they support the child’s relationship with the other parent. A combative approach (bad-mouthing your spouse, interfering with visits, or using your child as a messenger) can count against you when a judge decides custody.
2. What do Texas courts consider when deciding custody?
Judges look at the full picture of how you conduct yourself, not just what happens inside the courtroom. Texas courts use a set of factors known as the Holley factors, established by the Texas Supreme Court, alongside Texas Family Code Section 153.002. These include:
- Each parent’s ability to meet the child’s emotional and physical needs
- The stability of each parent’s own home
- Whether each parent supports the child’s relationship with the other.
3. Does Texas law require me to support my child’s relationship with my ex?
Yes. Texas family law presumes that children benefit from an ongoing relationship with both parents. If a judge finds that one parent is actively interfering with that relationship, like blocking calls, scheduling conflicts during the other parent’s time, or turning the child against the other parent, it can result in reduced parenting time or a change in conservatorship.
4. Can my custody order be changed later on?
Yes. Either parent can petition for a modification to an existing custody order if there has been a material and substantial change in circumstances. That cuts both ways, so if you are the one who has been combative, correcting your actions matters. If your ex becomes the problem after the order is in place, you may have grounds to go back to court.
5. Do fathers have the same custody rights in Texas?
Texas law gives fathers and mothers equal rights in custody cases. The same rules apply regardless of gender. If you are a father worried that a combative dynamic is being used against you or that your parenting time is being undermined, fathers’ rights are something Channa Borman has spent more than 20 years defending in Brazos County courts.
6. What is the difference between fighting hard for custody and fighting in a way that hurts your case?
Fighting hard means presenting evidence, advocating for your parenting time, and holding your ground on what matters for your child. Fighting in a way that hurts your case means making the conflict personal, weaponizing your child, or letting anger drive your decisions. Judges see the difference.
7. How do I know if my divorce strategy is working against me?
If your attorney is not talking to you about how your behavior affects your custody position, that is a problem. At C.E. Borman and Associates, straight talk is the baseline. Why? Because the courts act in the best interest of your children, and we act in the best interest of you too. Contact us for a free consultation and get an honest read on where you stand.
