Navigating Child Custody in Texas - Ep 11

In episode 11 of "Cases & Cocktails," Bryan and Janice Eggleston discuss the emotionally charged topic of child custody in Texas. While enjoying a tequila old-fashioned made with Cascades reposado tequila, chocolate and orange bitters, brown sugar, and a cherry, the hosts provide practical insights for parents navigating custody disputes.

Two Paths to Resolving Custody Cases

Bryan explains that custody cases in Texas can be resolved in two main ways:

1. Reaching an Agreement: This is the preferred route. Parents can work together, often with the help of attorneys or mediators, to create a custody arrangement that best suits their children's needs.
2. Litigation: If an agreement can't be reached, the case moves to litigation, where a judge, jury, or arbitrator makes the final decisions.

The Egglestons emphasize that while litigation is sometimes necessary, it is often stressful, expensive, and leaves critical decisions in the hands of strangers.

Why Agreements are Best

The hosts stress the importance of parents setting aside their differences to prioritize their children's well-being. While the Texas Family Code provides guidelines, every family is unique, and tailored solutions often lead to better outcomes. Janice notes that litigation can strain co-parenting relationships, whereas mediation offers a confidential process for creative problem-solving.

The Role of Mediation

Mediation is a key tool in resolving custody disputes. Most Texas counties require mediation before a final trial, and it is highly effective in helping parties reach agreements. The Egglestons highlight the importance of preparation for mediation:

• Gather Data: Accurate financial and custody-related information is crucial.
• Set Expectations: Clients must understand potential outcomes and be emotionally prepared.
• Work with a Skilled Mediator: Experienced mediators can guide parties toward fair resolutions.

When Litigation is Unavoidable

If mediation fails, the case moves to litigation, which involves:

• Presenting evidence and testimony.
• Tailoring arguments to address the judge, jury, or arbitrator.
• Understanding that the court's decision may not align with expectations.

Bryan and Janice advise clients to focus on presenting a compelling narrative rather than disproving every allegation from the opposing side.

Choosing Between Bench Trials, Jury Trials, and Arbitration

The hosts briefly discuss the pros and cons of different litigation methods:

• Bench Trials: Decided by a judge, these are typically faster and more cost-effective.
• Jury Trials: Ideal for high-conflict cases but are the most expensive option.
• Arbitration: A private process offering flexibility but can be costly.

Key Takeaways

• Custody cases are best resolved through agreements that prioritize the children's needs.
• Mediation is an effective, confidential way to reach settlements without the stress of litigation.
• If litigation is necessary, preparation is key to presenting a compelling case.

Tune In Next Week

Join Bryan and Janice next week for more insights into Texas family law. Don't forget to like, share, and subscribe to "Cases & Cocktails" for your weekly dose of legal expertise---with a twist. Cheers to informed parenting and cooperative co-parenting!