As a family law attorney here in Texas, my divorce clients often call me when they suddenly realize a new complication in their cases. Fiona was a strong, calm mother of two children who was confident she would get custody of her children. But suddenly, she realized that she might have to fight her ex in Court for it. Then she started to worry about how long it would take until she could tell her kids for sure that they would primarily live with her.
“Chris, it’s so obvious I should have the kids. He doesn’t even like being with them. He’d rather be out drinking with his buddies. He’s like a kid himself,” Fiona started right in without even saying good morning. “I once thought he’d want me to have the kids so he could live his freedom-loving lifestyle, but it looks like he’s going to fight me on it, I can tell. Even when he’s sober, he’s telling me he wants the kids to move with him to Florida so they can be close to their grandparents.”
“Fiona, I’m with you. I do think you’ll get the kids,” I assured her. “Our case is strong, but it might take some time for the family court to make a formal determination. To some extent, this is out of our control, but let’s control what we can control.”
“Like what, Chris?” she asked.
“Well, for starters, you can control how much you understand the process and how you can use your knowledge to get what you want. At the same time, we can try some strategies to speed things up and make this as easy on the kids as possible,” I told her. “Please let’s go over some factors that impact the timeline for the Court to make a child custody ruling. With that information and knowledge, you’ll feel better about the process and have a better understanding of how long it might take to get the ruling you want from the custody court.”
“Thanks, Chris, let’s get to it,” she said.
When facing a child custody battle like Fiona’s, one of the biggest questions on parents’ minds is: how long does the Court take to decide about child custody? This legal custody process can be complex and emotionally draining. You’ll learn that the question “How long does the court take to decide child custody cases?” doesn’t have a one-size-fits-all answer. A variety of factors come into play, each having the potential to significantly impact the timeline. This article aims to shed light on the various elements that can influence the length of a child custody case, guiding you toward a clearer understanding of the road ahead.
What is a Child Custody Case?
It’s always good to start with the basics. In Texas, a child custody case is a legal proceeding that determines the rights and responsibilities of each parent with regard to their children. It outlines where each child will live. The custody arrangement also addresses how major decisions will be made for each child and how much time each parent has with each child, which is often referred to as physical custody.
Steps Involved in Texas Child Custody Cases
Here is an overview of the procedures involved in Texas child custody cases:
1. Filing a Suit Affecting the Parent-Child Relationship (SAPCR)
To start a custody case, one parent needs to file a document known as a SAPCR. It outlines desired custody arrangements and includes details about visitation. The SAPCR may include matters relating to Texas family law, such as child support payments or other concerns regarding the child.
2. Temporary Orders Hearing
Texas custody laws first require the establishment of Temporary Orders while the overall child custody case is pending. The Temporary Custody Orders will establish guidelines for custody and support payments, similar to the final order in a case. This initial stage helps address the immediate child’s needs.
To secure temporary orders, both parents may present evidence to influence the Judge’s decision. Schedule a Temporary Court Hearing Consultation with us.
3. Mediation
While many parents try to reach custody agreements independently, Texas child custody cases involving contentious issues or substantial disagreements often require a third-party mediator. This mediator will work with parents and their attorneys to negotiate and develop custody and visitation schedules. It’s a non-binding, collaborative approach aimed at resolving disagreements.
If the parents can agree, they will finalize an order through mediation and sign a Mediated Settlement Agreement (MSA). The MSA will then be submitted to the Judge assigned to the case for signature. This typically ends the court’s involvement in the matter.
4. Final Trial
A case proceeds to trial if the parents cannot resolve the issues amicably. At the trial date, evidence is presented to a judge who will ultimately decide how conservatorship will work for the children, including whether one parent will be granted sole custody. A case can be finalized fairly quickly if an agreement is reached in the early stages of the litigation.
If issues of substance abuse, criminal history, or neglect are present, it complicates the matter. Those types of issues make child custody battles take longer and increase legal costs. Parents can use a parenting plan to spell out the details of custody and possession, including the ability to make important decisions in a child’s life.
What Factors Affect How Long the Court Takes to Determine Child Custody in Texas?
Several factors affect how long it takes for a court to make a custody determination in Texas. This can feel like an incredibly uncertain period as you navigate complex legal proceedings. It’s critical to have an idea of what factors can come into play and their potential impact.
Contested vs. Uncontested Cases
A crucial factor that influences the duration of your custody case is whether it’s contested or uncontested. In uncontested cases, where both parents agree on custody and visitation, the process tends to be more straightforward, thus shorter, concluding in a few months.
If parents can’t reach an agreement, the case becomes contested. Contested cases lead to court child custody hearings and potential trials, extending the duration of the case considerably. A contested child custody case could last more than a year. Many situations fall in between the two extremes, with many parents finally settling their differences with the assistance of a mediator.
The Complexity of the Issues
Sometimes custody cases involve more than just where the child lives or how often they see each parent. Allegations surrounding domestic violence, substance abuse, child neglect, or a parent’s criminal history significantly complicate custody cases. In some cases, the Court may order a custody evaluation to assess the parents’ suitability for custody. This can include allegations about the ex-spouse’s new partner, making matters even more contentious.
The Court will spend time gathering evidence, conducting investigations, and potentially engaging in expert testimony. In cases where joint custody is being considered, these factors add to the duration, making the entire process more time-consuming and complex. If a parent has a history of mental illness, this will also likely extend the time it takes to reach a final custody order.
Parental Cooperation
If both parents work together amicably and share a common goal of minimizing stress on the child, the court process often moves at a quicker pace. However, proceedings can come to a halt if parents struggle to communicate effectively, disagree frequently, or display hostility toward each other. Lack of cooperation makes everything take longer. It can force the Court to make decisions about seemingly minor things. If the parents refuse to settle an issue themselves, judges must make a final decision.
Location of the Parents
Custody cases become more complicated if parents live in different states. Courts face a unique challenge in interstate child custody disputes. These custody cases in Texas can become longer and involve numerous legal hoops that require navigation.
Judges in these cases must determine which state holds primary jurisdiction. They also navigate the rules surrounding travel for visitation and determine where a child will attend school. This can be one of the issues involving a considerable time investment to reach a final custody order.
Court Backlog
Just like other governmental services, courts face a substantial amount of backlogged cases. Some jurisdictions experience higher caseloads and limited judicial resources, slowing down proceedings across the board. Delays in getting court dates or waiting on court orders affect the length of any family law matter, including those relating to custody. If you’re facing a custody battle and want to better understand how your case may be affected, contact our team of family law attorneys at Warren & Migliaccio.
Average Time Frame
Although timelines can differ drastically depending on your specific circumstances, most custody cases take between six months to two years from start to finish. When children are very young, or there is not a true emergency situation, courts tend to let the cases drag on a bit, even over a year or two, to allow the parents an opportunity to work things out on their own or for more parental history to develop.
Navigating the Process
While knowing the steps can be helpful, the legal system isn’t something most parents regularly encounter. It can feel confusing and overwhelming and leave you with more questions than answers. When children are involved, one of the biggest questions is, how long does it take for the Court to grant custody? It’s a completely understandable concern, and most Texas parents share it when navigating child custody matters.
What if Circumstances Change?
Life throws curve balls, so if you have gone through a divorce or child custody case but then there’s a change in circumstances, you may need to make modifications to your custody order. This could include job relocations, remarriage of a parent, the child’s changing needs, or issues related to the other parent’s fitness. For more in-depth legal counsel tailored to your situation, don’t hesitate to schedule a child custody modification consultation with us.
In Texas, modifications require filing a new lawsuit. Guess what? That means you can expect similar steps in the process, including potentially starting over with mediation.
Importance of a Family Law Attorney
Trying to tackle a legal case on your own isn’t always the right approach. Hiring a custody lawyer ensures your rights are protected. An attorney will also ensure you understand the options available to you. Having an attorney means you have someone who will represent your interests to the Court. When considering how long custody matters take to settle, seeking legal advice from a legal professional may be in your best interest.
FAQs about How Long Custody Cases Take
How Long Does a Child Custody Case Take in Texas?
The length of a child custody case in Texas, much like anywhere else, varies based on factors like court schedules, cooperation between parents, and case complexities. While it’s hard to put an exact number on it, these cases typically range from six months for relatively smooth resolutions to a couple of years for those requiring extensive litigation or facing significant roadblocks.
How Is Child Custody Determined in Texas?
Child custody determinations in Texas are guided by the “best interest of the child” standard. It emphasizes the child’s physical and emotional well-being. Courts carefully consider multiple factors to make sure a custody decision serves the best interests of the child. For instance, some states encourage equal parenting time in a shared custody arrangement where there is no history of family violence.
The Court may determine that it is in the child’s best interest to have a custodial parent and a non-custodial parent. They can appoint an Attorney Ad Litem, a court-appointed lawyer who represents a child during a legal action, for the child. The Judge could also order a Social Study, which may involve visits to both parents’ homes by a qualified investigator.
What do Judges Look at When Deciding Custody in Texas?
Judges assess and weigh several factors. These include the child’s wishes (depending on age and maturity), the parents’ physical and mental health, each parent’s willingness to foster a loving relationship between the child and the other parent, any history of abuse or neglect, the parents’ ability to provide stability and a safe home environment, as well as each parent’s ability to attend to the needs of the child. Ultimately, the final determination regarding custody rests on what best serves the child’s welfare and future.
Conclusion
Navigating child custody proceedings is never easy, and it becomes much harder when compounded by stress, heartache, and financial burdens. There is no definitive answer to the question, “How long does the court take to decide child custody cases in Texas?” The timeline varies greatly. This uncertainty creates more angst for already anxious parents. It creates fear surrounding the question, “How long does the court take to make custody decisions in Texas?” Knowing how a range of different factors come into play can make it easier to understand and navigate a challenging time.
It is crucial to consult with a knowledgeable custody attorney for guidance. Every case presents its own set of challenges. Your legal representation will use their experience in Texas courts to advocate on your behalf to resolve child custody matters swiftly. They will work toward securing the best outcome for you and your child in as timely a manner as possible.
What is Fiona’s Plan Now?
“Okay, Chris, I hope he backs off, and we can work this out on our own. I see how that would speed things up,” Fiona said. “But I just don’t see that happening.”
“Do you think he might be open to mediation?” I suggested. “He wants his freedom, so maybe he’d be willing to work with you and a mediator to find a middle ground. You take on the kids, he gets his freedom, and maybe you both get what you want.”
“Maybe if he’d stop being so vengeful and trying to take the kids from me. I can play that out. Yes, I can play up his freedom angle and see how he responds. Even he can understand freedom and caring for kids don’t go together,” she said.
“But we need a backup plan. I’m always thinking strategically,” I said. “Focus on what’s best for the kids long term. Getting this done quickly matters, but not as much as doing it right.”
“Yes, you’re right, Chris. Maybe I need to be patient,” she said.
“That will help in the big picture,” I told her. “His drinking and plans to move the kids could slow things, but it could also work in your favor.”
“I get it, Chris. I want this over quickly, but I won’t rush. I’ll consider mediation if he agrees, but my kids’ best interest is what matters, and that’s me having custody.”
“Sounds like a solid plan, Fiona. Keep talking to him, and let me know how it goes. I’ll start the SAPCR and push for temporary full custody.”
Schedule a Consultation With Our Law Firm
Trying to figure out how long it will take to settle child custody matters in a Texas divorce can be stressful and challenging, but you do not have to face it alone. Our team of experienced Dallas family attorneys is ready to provide you with the guidance, support, and legal advocacy you need during these challenging times.
Whether you are trying to estimate a custody case timeline or navigating other child custody-related issues, we are here to help you every step of the way. We welcome you to schedule a consultation to discuss your situation and case objectives. We can answer your legal questions and discuss how we can help you move forward. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
