Child custody is often the most emotionally charged and fiercely contested issue in a divorce. When parents can’t agree on who should have custody or what arrangement serves the child best, the legal process can stretch out for a year or more. At The Law Office of David J. Rodriguez, PLLC, we understand the frustration of a prolonged case. Here’s why custody battles take so long—and what you can do about it.
Discovery Takes Time
In contested custody cases, both parents must present evidence to a judge showing why they should have custody under Texas’s “best interest of the child” standard. But before that trial happens, both sides must go through a lengthy phase called discovery.
During discovery, both parties gather and exchange critical information. This can include:
- Financial records
- School and medical records
- Witness lists and testimony
- Psychological evaluations
- Background checks
Psychological evaluations are common in custody disputes. These can take weeks or even months to complete. A licensed evaluator will interview the parents, observe interactions with the child, and produce a detailed report. These findings can carry significant weight in court, so your attorney will need time to review and possibly challenge the results.
If you suspect the other parent is exposing the child to danger—such as living with a partner who has a criminal history—your attorney must investigate thoroughly before presenting that evidence in court. All of this takes time but is crucial to building a strong case.
Multiple Hearings Before Trial
Custody cases typically involve a series of pretrial hearings. These help the judge monitor the case and resolve interim issues like temporary custody or disagreements over discovery. For instance, if one parent refuses to participate in a psychological evaluation, a hearing is required to compel compliance.
Because of packed court schedules, these hearings are often spaced weeks or months apart. The more complex the case, the more hearings are likely. All of this can extend the timeline significantly.
Delays Can Be Strategic or Necessary
In some cases, delay works in your favor. Your legal team may need time to locate witnesses, respond to new allegations, or uncover hidden assets or misconduct. Rushing the process can lead to incomplete evidence and unfavorable outcomes.
On the other hand, some delays are unavoidable due to scheduling conflicts, court backlog, or uncooperative parties. Your lawyer can help manage these delays and keep the case moving where possible.
How to Shorten the Process
The fastest way to resolve a custody dispute is by reaching an agreement. Parents can work together directly or through their attorneys to negotiate a parenting plan. Mediation is another option, offering a neutral setting to help both sides find common ground.
Even in high-conflict situations, compromise is sometimes possible—especially when both parents are committed to minimizing stress on the child. Your lawyer can help you weigh the pros and cons of settlement versus trial.
Work with a San Antonio Child Custody Lawyer Who’s Committed to Your Case
At The Law Office of David J. Rodriguez, PLLC, we are committed to protecting your parental rights and your child’s well-being. We understand the emotional and legal complexity of custody disputes and work strategically to position our clients for the best possible outcome.Call today to schedule a private consultation. Let’s talk about your options and develop a plan that supports both you and your child.
