Divorce and custody battles are already emotionally challenging, but when one parent has a financial advantage, the legal process can become even more difficult. Many parents find themselves caught off guard, unsure of how to fight back when faced with unexpected legal action.
Understanding the legal system, the risks of self-representation, and the consequences of ignoring court proceedings is crucial for protecting your parental rights and, most importantly, your children.
In the video, Atty. Tina Campbell and Atty. Heather Ogier of Turner-Monahan PLLC highlight the serious challenges parents face when one party has a financial advantage in custody disputes, including prolonged litigation, the risks of self-representation, and the consequences of ignoring legal action, all of which can significantly impact both parents and children. All case evaluations are based on Texas Family Law. This content is for educational purposes only.
What Happens When One Parent Has More Financial Power?
If one parent is doing something illegal, that’s a serious issue. In some cases, one parent has significantly more disposable income, allowing them to continue litigation for years. They may also pressure witnesses not to come forward or testify in their favor.
Unfortunately, the other parent, who doesn’t have the funds to sustain an ongoing, decade-long legal battle, ends up at a severe disadvantage. In these situations, the children suffer the most. The courts can only consider the evidence presented, and when one parent cannot afford proper representation, the truth may not come to light.
The Struggles of Self-Representation in Court
If a parent is representing themselves, known as a “pro se litigant”, they are held to the same legal standards as an attorney. The problem is without legal training, they don’t know what they don’t know.
If the other parent has the financial means to file cases, whether they have valid grounds or not, they can present their claims in a way that appears legally sound. This can lead to custody changes or limit the other parent’s access to their children.
For a parent without legal knowledge, making the right legal argument to counter the other side is incredibly difficult. This is one of the hardest things to witness because, ultimately, it harms the children. No amount of money or counseling can fully repair the damage caused by parents dragging their kids through these battles.
Never Ignore a Lawsuit. It Won’t Go Away!
Many parents are just trying to get through their daily lives, working, parenting, and doing their best. Then, out of nowhere, they get hit with a lawsuit they weren’t expecting. It’s shocking, overwhelming, and terrifying. They aren’t financially or emotionally prepared for it, and the instinct to ignore it is understandable.
But don’t ignore it. That is the worst thing you can do. Even if you feel like you barely have the mental or emotional bandwidth, contact an attorney. At the very least, get some initial legal advice so you know what steps to take.
Ignoring a lawsuit can lead to a default judgment, which means the court will make a ruling without your side being heard. If the other parent is requesting a modification and you fail to respond within the required timeframe, they can go to court and get a ruling in their favor without you there to argue against it.
What Does Default Mean, and Why Is It So Dangerous?
Default happens when a parent fails to respond to a lawsuit. If this happens, the other parent can take an order to the court and request that their proposed custody arrangement be granted. The judge may approve it simply because no one contested it.
This means they could get everything they want full custody, decision-making power, and any modifications they request, without you ever getting a chance to explain why that outcome is harmful to your children.
Yes, you can appeal a default judgment, but it’s extremely difficult to reverse. Courts are unlikely to reconsider the case because they won’t trust you to make responsible decisions for your children if you can’t respond to a lawsuit on time.
The Power of Legal Strategy in Custody Battles
When a financially stronger parent hires an aggressive legal team, the battle is not just about truth; it becomes about legal strategy. Skilled attorneys know how to frame cases in ways that can convince the court to rule in their client’s favor, even when the facts may not fully support their claims. This is why having legal representation is crucial.
A strong legal team can help present evidence effectively, challenge false claims, and ensure that the court sees the full picture rather than just one side’s narrative.
The Psychological Toll on Parents and Children
Long, drawn-out custody battles take a significant emotional toll, not just on the parents but also on the children caught in the middle. When one parent continuously litigates, it creates instability and stress that can have lasting psychological effects.
Children may feel pressured to choose sides, experience anxiety, or develop emotional distress due to the ongoing conflict. Parents must consider not just their legal rights but also the long-term well-being of their children and seek solutions that minimize harm.
What Does the Texas Family Code Say?
Texas law outlines specific guidelines to ensure fairness in custody cases, especially when one parent has more financial power. Here are some relevant statutes and how they apply:
1. Texas Family Code § 153.002 – Best Interest of the Child
This statute states that the court’s primary concern in custody decisions is the child’s best interest. Regardless of financial status, no parent should have an unfair advantage simply because they can afford more litigation. If a financially stronger parent is using legal tactics to gain custody unfairly, the other parent must demonstrate how their involvement is in the child’s best interest.
2. Texas Family Code § 153.009 – Child’s Preference
If a child is 12 years or older, they can express a preference regarding custody. While this does not guarantee the court will rule in their favor, it provides an opportunity for the child’s voice to be heard, which can help counter an unfair custody attempt by a wealthier parent.
3. Texas Family Code § 156.401 – Modification of Custody Orders
This section addresses when and how custody orders can be modified. If a parent is attempting to change custody unfairly, the burden of proof is on them to show that a substantial change in circumstances justifies the modification. Courts do not approve modifications lightly, especially if it disrupts the child’s stability.
4. Texas Family Code § 157.001 – Enforcement of Custody Orders
If a parent violates a court order, such as by withholding visitation or refusing to follow custody terms, the other parent can file an enforcement motion. This ensures that court orders are followed and prevents a financially stronger parent from manipulating the system to restrict the other parent’s rights.
A family law attorney can help you interpret these statutes and determine how they impact your unique situation.
Final Thought: Take Action, Even If It Feels Impossible
It’s understandable to feel emotionally drained and mentally exhausted, but this is about your children. Even if you can only take one small step at a time, do not ignore legal action. Seek help, get advice, and protect your rights as a parent before it’s too late.
Hire An Experienced Fort Worth, Texas, Divorce Attorney
If you are facing a custody dispute, consult with a family law attorney who can help you navigate the process, build a strong case, and protect your relationship with your child.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Check our website for more information about our services. Plus, don’t forget to go through our blog to find out more regarding your case. There is tons of information on divorce and answers to unique questions like “What Are The Different Grounds For Divorce That Are Recognized In Texas?”
FAQs Regarding Divorce
Divorce cases are unique, so you will have many questions. To save you time and hassle, here are some topics that revolve around the area. For more information, contact our firm, Turner-Monahan, PLLC.
- What Does A High-Net-Worth Divorce Look Like Today?
- What Can Be Used Against You Legally In A Divorce?
- How Long Does A Divorce Take If The Other Person Doesn’t Respond?
- Can We Get A Divorce In Texas If We Were Married Overseas?
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state for legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
