Cases & Cocktails

The Eggleston Law Firm

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, this video and audio podcast brings you expert insights, firsthand experiences, and the untold stories behind high-stakes family law cases. 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.

  1. Rethinking Standard Possession Orders: Why 50/50 Custody May Be the Better Starting Point - Ep 71

    4H AGO

    Rethinking Standard Possession Orders: Why 50/50 Custody May Be the Better Starting Point - Ep 71

    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

    36 min
  2. Types of Child Abuse in Texas Custody Cases: What Parents Need to Know - Ep 70

    APR 11

    Types of Child Abuse in Texas Custody Cases: What Parents Need to Know - Ep 70

    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 abuseNeglect (physical, medical, or emotional)Psychological abuseParental alienationThese 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 decisionsSocioeconomic limitationsActual harmful behavior toward a childThis 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 harmSignificant impairment to the child’s well-beingA need for urgent interventionWithout 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 riskIf allegations are false, the child may still suffer from the conflictEither 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 courtWeaken legitimate claimsDistract from real issues affecting the childAs 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.

    23 min
  3. Child Abuse Awareness, Red Flags & What Parents Should (and Shouldn’t) Do - Ep 69

    APR 4

    Child Abuse Awareness, Red Flags & What Parents Should (and Shouldn’t) Do - Ep 69

    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 changesSleep disruptions or regressionIncreased anxiety or emotional distressChanges in school performance or behaviorRegression in developmental milestonesHowever, 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 regulatedBe present and supportiveAllow the child to speak freely without promptingMaintain normal routines as much as possibleSeek professional guidance when neededThe 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.

    30 min
  4. High-Conflict Custody Cases: How to Protect Your Mental Health and Be a Better Parent - Ep 68

    MAR 28

    High-Conflict Custody Cases: How to Protect Your Mental Health and Be a Better Parent - Ep 68

    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:  Constant disputes over child-related decisions  Frequent emergency filings or court intervention  Ongoing communication breakdowns  Multiple professionals (attorneys, therapists, evaluators)  Repeated inability to resolve issues without outside involvement 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:  Mental health  Physical health  Decision-making ability  Parenting effectiveness 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.  Not reacting to every message or allegation  Avoiding emotionally driven decisions  Focusing on your own parenting time  Planning meaningful, positive interactions with your children  Prioritizing your own mental and emotional well-being 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:  Regulate your emotions  Make better decisions  Be more present with your children  Navigate litigation more effectively 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.

    23 min
  5. Online Safety, Devices, and Co-Parenting: Navigating Technology in Texas Custody Cases - Ep 67

    MAR 21

    Online Safety, Devices, and Co-Parenting: Navigating Technology in Texas Custody Cases - Ep 67

    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: Who owns the deviceWho controls parental settingsWhether the device travels between homesHow much screen time is allowedWhether devices are used during parenting timeWhile 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.

    25 min
  6. Financial Abuse in Marriage: Recognizing the Signs and Protecting Yourself in Divorce - Ep 66

    MAR 14

    Financial Abuse in Marriage: Recognizing the Signs and Protecting Yourself in Divorce - Ep 66

    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: Restricting access to bank accounts or financial informationRequiring a partner to ask for money for everyday expensesDemanding receipts for basic purchases like groceries or gasThreatening to withhold money during disagreementsUsing financial dependence to manipulate behaviorIn 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: Inability to access financial records or account balancesLack of transparency about income or spendingGatekeeping information about money or investmentsBeing discouraged from asking questions about financesThe 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.

    24 min
  7. Life After Divorce: Co-Parenting, Letting Go & Protecting Your Child’s Emotional Health - Ep 65

    MAR 7

    Life After Divorce: Co-Parenting, Letting Go & Protecting Your Child’s Emotional Health - Ep 65

    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: Centralize communicationTrack reimbursementsStore calendars and school informationProvide tone monitoring featuresWhile 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: Guilty for enjoying time with the other parentResponsible for a parent’s emotional stateTension during exchangesPressure to “choose sides”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: Sharing school and medical informationSupporting your child’s relationship with the other parentFollowing possession schedules consistentlyNot allowing old grievances to dictate new decisionsIt 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.

    23 min
  8. Spring Break, Standard Possession Orders & Key Summer Deadlines Every Texas Parent Should Know - Ep 64

    FEB 28

    Spring Break, Standard Possession Orders & Key Summer Deadlines Every Texas Parent Should Know - Ep 64

    In Episode 64 of Cases & Cocktails, Bryan and Janice Eggleston shift gears into a timely and practical discussion about spring break possession, Standard Possession Orders (SPO), and critical summer designation deadlines in Texas family law.  Over a festive “Spring Break Party Paloma” (tequila, grapefruit, and lime), the conversation blends humor with an important reminder: possession periods move fast, and planning ahead matters. How Spring Break Works Under a Texas Standard Possession Order Under a traditional Texas Standard Possession Order, spring break typically alternates between parents each year. No advance notice is required. The period usually includes: The weekend before spring breakThe full week of breakThe weekend afterThat extended block allows parents meaningful travel time and uninterrupted possession. For parents living more than 100 miles apart, the non-primary parent often receives spring break each year to balance missed weekends throughout the year. Bryan notes that while this structure is standard, families can negotiate different arrangements. Some parents choose to split spring break in half, especially when work schedules or childcare make a nine-day block difficult. Flexibility—when possible—can reduce stress for everyone involved. Important Summer Deadlines: April 1 & April 15 One of the most important reminders in this episode centers on summer possession designations. Under most Texas orders: The noncustodial parent may designate up to 30 days of summer possession.Notice is typically due by April 1.If no designation is made, default language usually assigns July 1–31.Those 30 days can often be split into two blocks (usually at least 7 days each). Strategic planning can also allow parents to attach surrounding weekends for longer trips. Then by April 15, the custodial parent may designate a weekend during the other parent’s extended summer possession. Bryan’s advice is simple: do not wait until March 31 to call your lawyer. Review your order now. Check your calendar. Plan around work obligations and travel ideas before deadlines pass. Settlement Week & Spring Break Opportunities The episode also touches on “settlement week” in some counties during spring break. While courts may not hold hearings, mediation opportunities—often at low or reduced cost—may be available. For families hoping to finalize a divorce or custody modification, this can be an excellent opportunity to resolve a case efficiently. Avoiding “Emergency” Filings Before Holidays Bryan candidly notes that just before extended possession periods—spring break included—law offices often receive last-minute emergency calls. While genuine emergencies exist, many situations stem from heightened emotions tied to longer separations. Courts focus on true emergencies involving child safety—not manufactured disputes. Planning and communication can often prevent unnecessary litigation. Travel Considerations Most Texas possession orders allow travel within the continental United States during possession periods without additional permission. While every order is different, passport or international travel restrictions are not automatically included in standard orders. As always, review your specific decree. The Takeaway Episode 64 serves as a practical reminder that Texas custody deadlines arrive quickly. Spring break alternates. Summer designations require notice. Courts follow the written order. Planning early protects your time with your children—and prevents avoidable conflict. As Bryan says, enjoy your spring break… just make sure you come back on time.

    14 min

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out of 5
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About

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, this video and audio podcast brings you expert insights, firsthand experiences, and the untold stories behind high-stakes family law cases. 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.