February 27, 2024

What to Expect During Your Child Custody Case

Are you going through a divorce and must consider custody of your children? If so, you should start consulting with family lawyers. Child custody cases can be acrimonious for everyone involved, especially the child. To be prepared for such cases, here are some things your local family lawyers want you to expect.

Witnesses

A child custody case can be stressful, especially when both parties are fighting for full custody. To help you with your case, you can expect family lawyers to call witnesses. Some of the witnesses may be other family members, neighbors, school administrators, medical staff, etc.

Evaluation

The final decision in a child custody case should be determined based on the best interest of the child. As a result, you can expect a thorough evaluation of your lifestyle. A major part of such an investigation will include your living quarters. According to Texas law, property should be fairly divided in equitable distribution, but that doesn't mean it will be an exact split. Therefore, your living situation may change drastically and negatively from a divorce. A change in living quarters can be held against you when fighting for custody. You may also need to deal with drug testing and psychological evaluations.

Temporary Orders

Depending on your situation, a temporary order may be required. A judge may grant a temporary order on the grounds of suspected abuse or unstable housing. It can be modified later and will grant at least one spouse temporary custody and another one visitation.

Hearing

If you and your spouse can still work together, you'll likely be able to solve your custody dispute with mediation. It's often the best way to handle things, as you'll be able to avoid a lengthy, stressful court trial. With your mediator and your lawyers, you can quickly make a legal agreement on custody and visitation rights. However, if you can't agree to mediation, a court trial will be necessary. From there, a judge will make the final decision based on evidence.

There are local family lawyers who understand that dealing with a court custody case can be exhausting for you, your spouse, and your child. They'll work with you as best as possible to ensure a fair and swift outcome. For experienced family lawyers you can trust, contact The Law Office of Arthur J. White III, P.C. for a consultation today.

Posted 2/27/24

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Preparing for Mediation: What to Expect and How to Succeed

By Analytics Import • May 29, 2025

Mediation offers an alternative to traditional litigation, providing parties with a chance for resolution without the need for a courtroom battle. Understanding what to expect during mediation and preparing adequately is crucial for anyone seeking a successful outcome. This process involves a neutral third party who assists in negotiating a mutually agreeable solution between the parties involved. Whether you are working independently or through a divorce lawyer, getting ready for mediation requires a strategic approach and a clear understanding of your own goals and those of the opposing party. Understanding the Mediation Process with a Divorce Lawyer The mediation process often begins with each party providing an opening statement, outlining their position and goals. It is essential to prepare these statements ahead of time, focusing on facts and desired outcomes rather than emotions or confrontational language. A well-prepared statement can set the tone for a productive session and open the door for constructive dialogue. A divorce lawyer can assist in crafting a statement that is clear, persuasive, and aligned with your best interests. Remember that the goal of mediation is not to "win" but to reach a mutually satisfactory agreement that addresses the concerns of both parties. Exploring Possible Solutions During Mediation Throughout the mediation, the mediator plays a pivotal role in guiding discussions, identifying potential solutions, and helping manage emotions. According to the American Bar Association (ABA), a good mediator typically has a success rate of at least 75% in pretrial disputes. This impressive statistic underscores the importance of choosing a qualified mediator who can facilitate effective negotiations. Working with a divorce lawyer during this stage ensures your rights and priorities are properly represented, helping you navigate complex issues like parenting arrangements or property division with clarity. Why Flexibility Matters in Mediation Another key element to successful mediation is flexibility. Being open to alternative solutions and remaining adaptable to new ideas can lead to more efficient problem-solving. It's vital to enter mediation with a clear understanding of your bottom line, but also a willingness to make reasonable concessions. A skilled divorce lawyer can help you define those boundaries and adjust your approach as discussions unfold. Flexibility can often mean the difference between resolution and an impasse, paving a path toward a settlement that meets the needs of all parties involved. Preparing for Mediation with Expert Legal Guidance Preparing for mediation requires a combination of strategic planning, effective communication, and an open mind. By focusing on facts, seeking a skilled mediator, and remaining adaptable, you increase your chances of a favorable outcome. Mediation presents an opportunity to resolve disputes amicably, efficiently, and often with a high success rate, benefiting all parties by avoiding the stress and expense of litigation. Ready to approach mediation with confidence? Contact the Law Office of Arthur J. White III, P.C. for experienced legal guidance that helps you prepare, communicate effectively, and achieve the best possible resolution.