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:

• Both parents begin on equal footing
• Courts evaluate whether deviation is necessary
• Decisions are based on evidence—not default assumptions

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:

• Parents understand court decisions
• Attorneys better advise their clients
• Ensure decisions are grounded in facts, not assumptions

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:

• Emotional abuse
• Neglect (physical, medical, or emotional)
• Psychological abuse
• Parental alienation

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:

• Poor parenting decisions
• Socioeconomic limitations
• Actual harmful behavior toward a child

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:

• Immediate risk of harm
• Significant impairment to the child’s well-being
• A need for urgent intervention

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:

• If abuse is real, the child is at risk
• If allegations are false, the child may still suffer from the conflict

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:

• Undermine credibility in court
• Weaken legitimate claims
• Distract from real issues affecting the child

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:

• Sudden behavioral changes
• Sleep disruptions or regression
• Increased anxiety or emotional distress
• Changes in school performance or behavior
• Regression in developmental milestones

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:

• “When did this happen?”
• “Who was there?”
• “What exactly did they do?”

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:

• Stay calm and emotionally regulated
• Be present and supportive
• Allow the child to speak freely without prompting
• Maintain normal routines as much as possible
• Seek professional guidance when needed

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.