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In Episode 74 of Cases & Cocktails, hosts Bryan and Janice tackle one of the most common questions in Texas family law: Can a child decide which parent to live with after divorce?
The short answer: Not exactly. While a child’s preference may be considered in some custody cases, children do not automatically get to choose where they live. This episode offers important guidance for parents and professionals navigating custody disputes.
The Biggest Misconception in Child Custody Cases
Bryan and Janice explain that many parents believe once a child turns 12, the child can simply choose a parent. That is not how Texas law works.
In certain cases:
A child’s preference is not the deciding factor.
Why Letting Kids Decide Can Be Harmful
A key theme of the episode is the emotional burden placed on children when adults ask them to choose sides.
Bryan and Janice discuss how this can:
Children often want to please both parents, making these situations especially stressful.
Judges Handle Child Interviews Differently
The hosts note that every judge approaches child interviews differently.
Some judges may:
Others may place more emphasis on what the child says. Because every courtroom is different, legal strategy matters.
Better Ways for a Child’s Voice to Be Heard
Instead of putting children directly in the middle, courts may appoint neutral professionals such as:
These individuals can investigate concerns and help present the child’s needs without forcing the child into a loyalty conflict.
Parenting Means Making Hard Decisions
Bryan and Janice emphasize that parents—not children—must make important life decisions.
That includes decisions about:
Allowing children to control major decisions too early can create unhealthy expectations and future problems.
Key Takeaway
Children may have a voice in Texas custody cases, but they do not get the final say.Parents should be cautious about involving children in litigation and focus on protecting their emotional well-being throughout the process.
Final Thoughts
Episode 74 of Cases & Cocktails provides a practical and honest discussion about children’s preferences in custody disputes. Bryan and Janice remind listeners that while courts may listen to children, the responsibility for wise decisions still belongs to adults.
For Texas parents facing custody issues, the message is clear: seek experienced legal guidance and keep children out of the middle whenever possible.
In Episode 73 of Cases & Cocktails, hosts Bryan and Janice focus on a critical but often overlooked topic in family law: mental health during divorce and custody disputes. In recognition of Mental Health Awareness Month, they provide practical insights for both parents and professionals navigating the emotional challenges of litigation.
Divorce Is a Form of Grief
One of the central themes of the episode is that divorce is not just a legal process—it’s an emotional one.
Bryan and Janice explain that many individuals experience:
This emotional reality can significantly impact decision-making, especially early in a case.
There’s No Shame in Getting Help
A major misconception addressed is the stigma around therapy.
Seeking support—whether through therapy, community, or other outlets—can lead to better outcomes both personally and legally.
Don’t Make Legal Decisions While Emotional
Bryan and Janice emphasize a key point: strong emotions can lead to poor long-term decisions.
The goal is to make decisions based on clarity—not crisis.
You Can’t Fix Your Ex
A hard truth discussed in the episode: you cannot control or “fix” the other party.
Instead, Bryan and Janice stress the importance of focusing on what you can control—your own actions and mindset.
Rebuilding Your Identity After Divorce
Divorce often forces individuals to rediscover who they are outside of the relationship.
This process is challenging but necessary for long-term success.
Key Takeaway: Give Yourself Grace
The episode’s core message is simple but powerful:
Give yourself—and others—grace during the divorce process.Divorce is hard. Custody battles are hard. Personal growth takes time. Allowing space for mistakes, healing, and progress is essential.
Final Thoughts
Episode 73 of Cases & Cocktails offers a candid look at the emotional side of divorce. Bryan and Janice remind listeners that while legal strategy matters, mental health plays an equally important role in achieving successful outcomes.
For parents and professionals alike, the takeaway is clear: focus on growth, seek support, and take it one step at a time.
In Episode 72 of Cases & Cocktails, hosts Bryan and Janice break down a common misconception in family law: that attorneys are responsible for directly protecting children in custody cases. This episode offers clarity for both parents and professionals navigating divorce and custody disputes in Texas.
Do Attorneys Represent the Children?
One of the most important takeaways is simple: family law attorneys represent their clients—not the children.
While children are always top of mind, an attorney's legal role is more limited than many people assume.
Who Advocates for the Child?
If a child needs independent representation, the court may appoint:
Without one of these roles, no one in the courtroom is solely focused on the child’s independent voice.
Advocacy Through the Parents’ Perspective
In most custody disputes, both parents are advocating for their child—but from different perspectives.
Bryan and Janice emphasize that good attorneys do more than repeat their client’s demands. They:
The Reality of Co-Parenting After Conflict
A major challenge in custody cases is that parents who struggle to maintain a relationship must still co-parent moving forward.
Helping clients navigate this shift is a key part of effective representation.
Protecting Kids by Guiding Parents
Bryan and Janice explain that one of the best ways attorneys protect children is by helping their clients become better parents and co-parents.
This includes:
Mandatory Reporting and Misuse of Allegations
Attorneys are also mandatory reporters. If they learn of potential abuse, they must report it—even in mediation.
However, the episode also highlights a difficult reality:
Attorneys must respond quickly and proactively when these situations arise.
Key Takeaway
Attorneys don’t directly represent children—but they play a critical role in protecting them by guiding parents toward better decisions.
Final Thoughts
In Episode 71 of Cases & Cocktails, Bryan and Janice Eggleston are joined by Robert Garza, a national advocate for family court reform, to discuss one of the most debated topics in Texas family law: standard possession orders vs. equal parenting time.
Over a cucumber margarita, the conversation explores how custody standards developed—and why many believe it’s time for change.
The Original Purpose of Standard Possession Orders
Standard Possession Orders (SPO) in Texas were originally intended to serve as a minimum baseline—a guideline for the least amount of parenting time a judge should award.
However, as Garza explains, over time, that baseline has often become the default outcome in many custody cases. Instead of being a starting point, it has functioned as a practical ceiling, limiting opportunities for more balanced parenting arrangements.
The Case for Starting at 50/50
Garza advocates a different approach: starting custody cases with a presumption of equal parenting time, then adjusting it based on the facts of each case.
This concept, often referred to as “starting at equality,” does not remove judicial discretion. Instead, it shifts the framework so that:
In cases where both parents are fit, involved, and capable, this model promotes shared responsibility and consistency for children.
Accountability and Transparency in Family Court
A key component of Garza’s proposal is increased judicial accountability. Under his framework, if a court awards less-than-equal parenting time, the judge would be required to provide clear, written findings supported by evidence.
This level of transparency helps:
For many families, the lack of clear reasoning behind custody decisions can lead to confusion, frustration, and prolonged litigation.
Why This Matters in High-Conflict Custody Cases
Bryan highlights a common challenge in family court: cases involving two good, capable parents.
Under current practices, courts may still feel pressured to designate one parent as “primary,” creating an imbalance even when both parents are equally involved.
Starting from a 50/50 framework removes the need to “pick a winner,” allowing courts to focus on what truly matters—the child’s best interest—without unnecessary conflict.
A Nationwide Movement for Family Court Reform
Garza’s work extends far beyond Texas. Through legislative efforts across multiple states, he has developed one-page policy solutions designed to improve custody laws, increase transparency, and promote shared parenting.
His approach focuses on practical reforms—small changes that can create meaningful impact for families navigating the legal system.
The Takeaway
Episode 71 highlights a critical shift in thinking: custody decisions should start from fairness, not limitation.
While every case is unique, beginning with equal consideration for both parents—and requiring clear justification for deviations—can lead to better outcomes for children and families alike.
As the discussion makes clear, meaningful reform doesn’t require rebuilding the system—it often starts with adjusting where we begin.
Be a part of the movement at RobertGarza.US
In Episode 70 of Cases & Cocktails, Bryan and Janice Eggleston continue their focus on Child Abuse Prevention Month, breaking down the different forms of child abuse seen in Texas custody cases—and why understanding these distinctions matters in family court.
Over a “Blue Ribbon Paloma,” the discussion highlights a critical truth: not all abuse looks the same, and not all allegations meet the legal threshold required for court intervention.
The Most Recognized Forms of Abuse
When most people think of child abuse, they think of physical or sexual abuse. These are often easier to identify due to visible injuries, forensic evidence, or clear disclosures.
The Less Visible Forms of Abuse
Bryan and Janice explain that many cases involve more complex and less visible forms of harm, including:
These forms can be just as damaging—but significantly harder to prove. Unlike physical abuse, they often lack clear, outward signs and require patterns of behavior, documentation, and professional evaluation.
Why Neglect and Emotional Abuse Are Difficult to Prove
Neglect and emotional abuse often exist in gray areas.
For example, lack of resources does not automatically equal neglect, and a single parenting mistake does not constitute abuse. Courts must distinguish between:
This requires careful analysis and evidence—not assumptions or isolated incidents.
Parental Alienation as Psychological Abuse
The episode also addresses parental alienation, where one parent manipulates a child to reject the other parent without a legitimate basis.
Bryan explains that weaponizing children in custody disputes can rise to the level of psychological abuse, as it damages the parent-child relationship and impacts the child’s emotional development.
Allegations vs. Evidence in Texas Family Court
One of the most important points discussed is that allegations alone are not enough to remove a child from a parent.
Courts require evidence showing:
Without meeting that legal threshold, courts are cautious about restricting parental access—because removing a parent can itself be harmful if the allegation is unproven.
The Reality: Every Scenario Is Difficult
Bryan highlights the difficult reality of these cases:
Either way, children are impacted by the process through investigations, interviews, and court involvement.
The Importance of Using the Right Language
A key takeaway is the importance of using terms like “abuse” carefully.
Throwing around labels such as emotional or physical abuse without evidence can:
As Janice notes, not every mistake or heated moment rises to the level of abuse.
The Takeaway
Understanding the different types of abuse—and the legal standards required to prove them—helps parents make better decisions and avoid unnecessary harm during litigation.
In Episode 69 of Cases & Cocktails, Bryan and Janice Eggleston are joined by Sandra Aguilar, a licensed professional counselor and former guardian ad litem, to kick off Child Abuse Prevention Month and Parental Alienation Awareness Month.
With years of experience working in family law cases, crisis response, and child advocacy, Sandra provides a grounded, practical look at how child abuse concerns intersect with custody litigation in Texas—and how parents can respond in a way that protects both their child and the integrity of the case.
What Mandatory Reporting Means in Texas
Sandra explains that professionals like attorneys, therapists, and guardians are mandatory reporters. That means if abuse is disclosed—or even reasonably suspected—it must be reported to the Texas Department of Family and Protective Services.
Importantly, reporting is not about proving abuse. It is about ensuring that trained investigators evaluate the situation.
This can create difficult situations in litigation, especially when allegations have already been investigated or when repeated reports place additional stress on the child.
Recognizing Possible Signs of Abuse
Parents often ask what to look for. Sandra explains there is no single indicator, but potential warning signs may include:
However, these signs are not definitive proof of abuse. They may also reflect stress, transitions between homes, or other environmental factors.
The key is to observe patterns—not jump to conclusions.
The Biggest Mistake Parents Make
One of the most important takeaways from this episode is what not to do.
When a child begins to share concerning information, many parents instinctively start asking questions:
While well-intentioned, this can unintentionally contaminate the child’s statements and complicate future investigations.
What Parents Should Do Instead
Rather than investigating, parents should:
The goal is not to gather evidence—it’s to protect the child and preserve the integrity of any investigation.
Managing Your Own Emotions
When a parent believes their child may be at risk, the emotional response can be overwhelming.
Sandra emphasizes that parents must find ways to regulate themselves—through therapy, support systems, or trusted relationships—so they can remain a stable presence for their child.
Showing intense fear, anger, or distress in front of the child can create additional emotional pressure and confusion.
Why These Cases Are Complex in Litigation
In Texas custody cases, allegations of abuse can significantly impact outcomes. However, courts rely on evidence, professional evaluations, and investigative findings—not assumptions.
Bryan and Janice highlight that while protecting children is always the priority, navigating these situations requires careful handling to avoid unintended consequences in court.
In Episode 68 of Cases & Cocktails, Bryan and Janice Eggleston dive into one of the most challenging aspects of Texas family law: navigating high-conflict custody cases while maintaining your mental health, your parenting, and your long-term strategy.
The discussion moves beyond legal definitions and focuses on what high-conflict cases actually look like—and how parents can survive them.
While Texas law does not formally define “high-conflict,” these cases are easy to recognize in practice. They often involve:
Bryan explains that high-conflict cases are often marked by continuous instability, in which even routine parenting decisions—such as pick-up times, school choices, or medical care—become sources of ongoing dispute.
The Real Drivers: Power and Control
At the core of many high-conflict custody battles are two key dynamics: power and control.
When one parent perceives a loss of control, it often triggers reactive behavior—creating cycles of conflict that escalate over time. Each perceived “win” by one side can lead to a counteraction by the other, keeping both parties locked in a constant loop.
This dynamic can quickly turn co-parenting into a battleground instead of a collaborative effort focused on the child.
Why High Conflict Takes a Toll on Parents
Parents in these cases are often stuck in a continuous fight-or-flight state, which can impact:
As Bryan notes, when parents are overwhelmed and emotionally drained, it becomes harder to show up as the best version of themselves for their children.
Breaking the Cycle: Focus on What You Control
One of the most important takeaways from this episode is simple but powerful: you cannot control the other parent—but you can control your response.
When one parent disengages from reactive conflict, it removes the other party’s ability to control the situation through chaos.
Self-care in high-conflict custody cases is not a luxury—it’s a necessity.
Whether it’s therapy, exercise, time outdoors, or simply stepping away from conflict for a moment, taking care of yourself allows you to:
As Janice explains, you don’t have to be perfect—but you do have to take care of yourself. Because if you’re not okay, you can’t show up for your kids.
The Takeaway
High-conflict custody cases are not just legal battles—they are emotional and psychological challenges. While you may not be able to eliminate conflict entirely, you can control how much power it has over you.
By focusing on your own actions, prioritizing your well-being, and staying centered on your children, you can navigate even the most difficult cases with clarity and strength.
As Bryan puts it: be the best parent and co-parent you can be—and the rest will follow.
In Episode 67 of Cases & Cocktails, Bryan and Janice Eggleston discuss a growing challenge in modern Texas custody and co-parenting cases: how technology and personal devices affect parenting across two households.
From smartphones and tablets to messaging apps and location tracking, technology has created new layers of conflict for families navigating divorce and shared custody. What once might have been a simple parenting disagreement can quickly escalate when devices move between homes with different rules and expectations.
The Challenge of Technology in Two Homes
In many custody arrangements, children move between two households with different parenting styles. One parent may limit screen time or device access, while the other allows more freedom with electronics.
That difference alone can create tension, particularly as children get older and begin pushing boundaries or comparing the rules in each household.
Bryan explains that disputes frequently arise over issues such as:
While these questions may seem small on the surface, they often reflect deeper co-parenting conflicts that already exist between the parents.
When Devices Become Tools for Conflict
Technology can also be misused in custody situations. In some cases, devices allow one parent to interfere with the other parent’s time.
Bryan describes situations where a parent communicates with a child during the other parent’s possession and attempts to gather information about the household. In one example, a parent discovered that a child was being asked to investigate the other home and report back through a messaging feature hidden inside a mobile app.
What initially appears to be a simple electronics issue can actually reveal deeper problems involving boundaries, trust, and manipulation.
Location Tracking and Digital Monitoring
Another emerging issue involves location-tracking apps and device monitoring. Many smartphones and apps allow parents to see exactly where a child—or the device—is located.
While these tools can provide safety benefits, they can also create problems when used to monitor the other parent’s activities or movements. In high-conflict custody cases, this type of digital oversight can escalate tensions and create additional disputes.
Why Technology Disputes Often Reflect Bigger Problems
Bryan and Janice emphasize that device conflicts are rarely about the electronics themselves. More often, they reveal unresolved co-parenting issues between the adults.
Courts generally expect parents to make reasonable decisions during their own parenting time. When parents cannot agree on issues like device usage, communication, or digital boundaries, it may require legal guidance or carefully crafted court orders to avoid ongoing conflict.
The Takeaway
Technology has become a permanent part of children’s lives, and that reality brings new challenges to divorce and custody arrangements in Texas.
Managing devices, parental controls, and digital communication requires cooperation between parents whenever possible. Without clear expectations and healthy communication, technology can easily become another battleground in an already difficult co-parenting relationship.
As Bryan notes, the real issue is rarely the device itself—it’s how parents manage the broader co-parenting dynamic surrounding it.
In Episode 66 of Cases & Cocktails, Bryan and Janice Eggleston tackle a serious topic that often appears in high-conflict divorce and custody cases: financial abuse. Over a simple pour of Weller bourbon, the discussion explores how financial control can serve as leverage in a relationship and how it can affect divorce litigation in Texas family court.
While financial abuse is frequently misunderstood or misused as a buzzword, Bryan and Janice explain that it involves more than one spouse simply managing the household finances. Instead, it typically involves coercion, control, and restrictions on access to money that prevent the other partner from having independence or basic financial security.
What Financial Abuse Can Look Like
In many marriages, one spouse may naturally handle the budgeting, bill payments, or investments. That arrangement alone does not constitute financial abuse.
However, true financial abuse often includes behaviors such as:
In some situations, the controlling spouse may intentionally restrict access to funds to maintain power in the relationship. This can leave the other spouse feeling trapped, isolated, or unable to make independent decisions.
Why Financial Abuse Can Be Difficult to Prove
One of the challenges in family law litigation is proving financial abuse in court.
Bryan explains that allegations alone are rarely enough. Courts require documentation and evidence to support claims of financial control or coercion. That evidence may come from bank records, financial statements, discovery responses, depositions, or other financial documentation.
Because of this, individuals considering divorce are often encouraged to gather basic financial information early, including account names, financial institutions, and recent statements when possible. Having access to accurate financial records can make a significant difference when disputes arise.
Financial Abuse Often Develops Slowly
Like many forms of coercive control, financial abuse rarely appears overnight. It often develops gradually over time.
What may begin as one partner simply “handling the finances” can evolve into a situation where the other partner has no visibility into the family’s financial situation and no independent access to money.
By the time the issue becomes obvious, the affected spouse may already feel deeply dependent on the other partner for financial stability.
Red Flags
Bryan and Janice encourage people to pay attention to warning signs in their relationships, such as:
The Takeaway
Financial abuse is a serious issue that can significantly complicate divorce and custody litigation in Texas. Recognizing the warning signs early and understanding how financial control operates within relationships can help individuals protect themselves and their families.
As Bryan and Janice emphasize, awareness is key. Open communication about finances and access to basic financial information are essential components of a healthy partnership—and critical when navigating the legal process of divorce.
In Episode 65 of Cases & Cocktails, Bryan and Janice Eggleston shift the focus from courtroom strategy to something equally important in Texas family law cases: what happens after the final orders are signed.
Over a Pear Ginger Highball, they discuss the reality many parents face once litigation ends—no more hearings, no more attorneys managing day-to-day conflict, and no more judge overseeing behavior. Just two parents, a court order, and children caught in the middle.
The Work Doesn’t Stop After Final Orders
Whether a case resolves through mediation or trial, final orders are not the finish line. They are the starting point of long-term co-parenting.
High-conflict divorce cases often require months—or years—of intense litigation. Temporary orders calm the fire. Trial reopens old wounds. And once it is over, parents are left to navigate exchanges, school events, and daily parenting decisions without court supervision.
Bryan explains that success after divorce begins during litigation. Managing expectations, setting realistic possession schedules, and choosing workable communication tools all determine how sustainable co-parenting will be once the case closes.
Communication Matters More Than You Think
One of the most common tools in post-divorce parenting is the use of a co-parenting communication app such as Our Family Wizard, Talking Parents, or AppClose.
These platforms:
While less convenient than texting, they reduce confusion and create accountability. For high-conflict custody cases, that structure often prevents future litigation.
Don’t Let Resentment Shape Your Parenting
Divorce is traumatic. Trials can retraumatize parents by forcing them to relive mistakes, missteps, and painful allegations.
But once the case is over, holding onto resentment harms more than the other parent—it harms your children.
Children should never feel:
As Janice notes, even silent hostility is visible. Body language, tone, and disengagement communicate more than words ever could.
Co-Parenting Is About Emotional Discipline
You may not control the other parent’s behavior. But you control yours.
That means:
It also means doing the personal work—therapy, coaching, or self-reflection—to process the grief of divorce.
Bryan puts it plainly: you may have paid tens of thousands of dollars to finalize your divorce. Don’t let the other parent continue living “rent-free” in your head.
The Takeaway
Post-divorce success isn’t measured solely by custody percentages or courtroom outcomes. It’s measured by stability, emotional regulation, and your child’s ability to thrive in two homes.
Litigation may end. Co-parenting does not.
And the healthiest outcome—for both you and your children—requires letting go of resentment and choosing long-term peace over short-term vindication.
Need Guidance on Custody, Co-Parenting, or Post-Divorce Conflict in Texas?
The Eggleston Law Firm in Spicewood, Texas, helps parents navigate high-conflict custody cases, Standard Possession Orders, and long-term co-parenting strategies with clarity and preparation.
From the publisher's feed
Cases & Cocktails is your go-to weekly podcast for raw, real, and revealing conversations about family law. Hosted by Bryan & Janice Eggleston of The Eggleston Law Firm,…
From judges and attorneys to former clients and industry experts, Cases & Cocktails invites a diverse lineup of guests to break down complex legal battles, parental alienation, child custody disputes, and high-conflict divorces—all over a cocktail (or two).
Whether you’re facing a legal challenge, working in the legal field, or just fascinated by the drama and dynamics of family law, this podcast serves up valuable insights with a personal touch.
🎙️ New episodes drop every week! Tune in, pour yourself a drink, and join the conversation.