Texas child custody proceedings are some of the most hotly contested and emotionally trying aspects of divorce. As a result, it is not too surprising when one parent fails to play by the rules and fudges the truth a bit. A parent may do this to gain more custody or maintain the custodial rights he or she already possesses. Though untruths may come from a place of love and caring for the child, lying under oath is illegal and can result in disastrous consequences for the dishonest parent. If you are in the midst of a child custody battle, and if your child's other parent has lied during the proceedings, FindLaw urges you to bring the untruths to light before the judge finalizes custody documents.
If you fail to bring the untruths to light before the judge finalizes your documents, you still have an opportunity to right the wrong done to you. Texas courts allow parents to petition for a modification if one or both can prove a significant change in circumstances. The courts consider falsifying testimony or documents as such a change.
Additionally, if you discover the untruths immediately after the judge finalizes the custody documents, you have a limited amount of time to appeal the judge's ruling. You may even be able to file a motion for consideration, which requires a judge to review the judgment based on evidence he or she may not have considered at the initial hearing.
If you can prove via substantial evidence that your ex lied to win more custody or to prevent you from obtaining custody, the courts may revise the custody order to grant you more custody than the other parent. The courts may even revoke the other parent's custodial rights altogether.
The information in this post should not be used as legal advice. It is for educational purposes only.