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Child Custody Attorneys in Austin, Texas

The Eggleston Law Firm > Child Custody Attorneys in Austin, Texas

Skilled Guidance from Austin Child Custody Lawyers 

Divorcing parents fighting in front of their children.Going through a child custody battle can be one of the most challenging and emotionally draining experiences a parent can face. Whether you’re going through a divorce or separating from your partner, it’s crucial to have skilled legal guidance to help you understand your rights and navigate the complexities of child custody laws in Texas. 

A Texas child custody lawyer from The Eggleston Law Firm can help you explore the different types of child custody arrangements in Texas, conservatorship and possession and access, and how they can impact your family’s future. Our skilled legal team will fight tirelessly to ensure your family’s rights are protected and your best interests are pursued. Call us today at 512-640-2507 to schedule a free initial consultation.

Guidance Through the Child Custody Process in Texas

Child custody is known as conservatorship in Texas. This entails a few different aspects. First, it must be determined who has legal custody of the child. Legal custody means the power to make decisions regarding how the child is raised. In most cases, the courts would prefer that both parents share in the decision-making process.

Next, is the actual physical custody of the child. Often, the child spends most of his or her time with one parent, while the other parent has visitation or parenting time with the child.

The amount of visitation time that a parent may receive will depend upon the circumstances of the case, and what the court feels is in the best interest of the child.

Neither the father nor the mother has the upper hand in these cases. Most courts want to see both parents remain an important part of their child’s life, but when disputes arise, there is the potential that this may not be possible.

Each side may take very strong positions in an attempt to demonstrate why the other parent should not have the arrangement that he or she requests.

This is why it is so important to reach out to our family lawyers. Our extensive experience in child custody cases helps you put together a strong case to obtain the best results possible.

Once a decision has been reached, the order in place requires a substantial change in circumstances before it will be revisited. You do not want to make decisions that result in your inability to remain actively involved in your child’s life.

What Are the Different Types of Child Custody in Texas?

A mother playing outside with her children.In Texas, child custody is referred to as “conservatorship,” and there are different types of conservatorship arrangements. Conservatorship is a crucial aspect of a child’s upbringing. It empowers parents to make decisions that will shape their child’s future. From choosing the right school to making healthcare choices, legal custody ensures that parents have a say in the important aspects of their child’s life. This responsibility comes with great trust and requires parents to communicate effectively and work together in the best interest of their child.

The two main types of conservatorship in Texas are:

Joint Managing Conservatorship (JMC):

  • This is a common type of conservatorship in Texas. In a Joint Managing Conservatorship, both parents share the rights and duties regarding the child. It emphasizes the idea that both parents should have equal access to information and input into important decisions affecting the child’s life.
  • It’s important to note that even in a Joint Managing Conservatorship, the court may designate one parent as having the exclusive right to make certain decisions (known as “sole managing conservatorship”) if it is in the child’s best interest.

Sole Managing Conservatorship (SMC):

  • In a Sole Managing Conservatorship, one parent is granted the exclusive rights and responsibilities for making certain decisions regarding the child. This may include decisions related to the child’s education, medical care, and residence.
  • Sole Managing Conservatorship is typically awarded if the court determines that it is in the best interest of the child for one parent to have primary decision-making authority.

Parental Rights and Duties

Another aspect to contemplate in relation to conservatorship in Texas is the allocation of parental rights and responsibilities. Certain rights are inherent to parents irrespective of their current conservatorship designation. Additionally, there are rights that, if not specifically assigned to one parent, are shared jointly by both parents. 

  • Rights: These include the right to receive information about the child’s well-being, access to medical and educational records, the right to consent to medical treatment, and the right to participate in the child’s educational and extracurricular activities.
  • Duties: Duties encompass responsibilities such as providing for the child’s physical and emotional needs, ensuring the child attends school regularly, and making decisions that promote the child’s well-being.

An example of a right that necessitates allocation is the authority to determine the primary residence of the child. Other rights subject to allocation include the entitlement to receive financial support on behalf of the child and the authority to make decisions regarding the child’s education.

In cases where the court determines sole managing conservatorship, specific factors are taken into account, including:

  • Domestic violence
  • Substance abuse
  • Neglect

It is important to emphasize that Texas courts generally lean towards joint managing conservatorship arrangements. This approach encourages both parents to actively participate in their child’s life, recognizing the value of their joint decision-making and emotional support. However, in situations involving a history of domestic or family violence or other factors potentially harmful to the child’s well-being, the courts may consider awarding sole managing conservatorship to one parent. This ensures the child’s safety and overall welfare are prioritized within the framework of Texas law.

Possession and Access

In addition to the type of conservatorship, the court also determines the possession and access schedule, commonly known as visitation or parenting time. This outlines when the child will be with each parent, including weekends, holidays, and special occasions.

It’s important to note that in Texas, the term “custody” is not used. Instead, the focus is on the rights and duties of the conservators (parents) and the possession and access schedule. The court’s primary consideration in determining conservatorship and possession schedules is the best interest of the child.

In Texas, child custody matters are typically referred to as “possession and access.” These terms replace the traditional concepts of “custody” and “visitation.” Understanding possession and access is crucial for parents navigating child custody arrangements in the state. Here’s a breakdown of these terms:

Possession

  • “Possession” refers to the actual physical custody of the child. It involves the time a parent spends with the child.
  • Schedules: Texas law provides for various possession schedules that dictate when each parent has the right to physical custody of the child. Common schedules include standard possession orders and expanded standard possession orders.
  • Holidays and Special Occasions: Possession schedules often outline how holidays, birthdays, and special occasions are divided between parents.

Access

  • “Access” refers to the right of a parent to have communication and interaction with the child, even when the child is not physically in their possession.
  • Communication: Access includes the right to communicate with the child through phone calls, video calls, emails, and other forms of communication.
  • Decision-Making: Even when a parent does not have possession of the child, they may still have input into major decisions affecting the child’s life, depending on the terms outlined in the conservatorship arrangement.

How Do Texas Courts Make Child Custody Decisions?
When determining possession and access in Texas child custody cases, the court considers various factors to ensure the arrangement is in the best interest of the child. The Texas Family Code provides a list of factors that the court may take into account, including:

  • The Child’s Wishes: The court may consider the child’s preferences, taking into account their age and maturity. While the child’s wishes are considered, they are not the sole determining factor.
  • The Child’s Physical and Emotional Needs: The court evaluates the child’s physical and emotional needs to ensure that the possession and access arrangement promotes the child’s overall well-being.
  • Stability of the Home Environment: The court considers the stability of each parent’s home environment, including factors such as the child’s routine, living conditions, and the ability to provide a consistent and secure atmosphere.
  • Any History of Family Violence or Abuse: The court considers any history of family violence, abuse, or neglect when determining possession and access. The safety and well-being of the child are paramount.
  • Employment Schedules: The work schedules of each parent are considered to create a possession and access schedule that aligns with the child’s school and extracurricular commitments.
  • Child’s Best Interests: Judges will evaluate factors such as the child’s age, emotional and physical needs, and any history of abuse or neglect. They will also consider the stability of each parent’s home environment, their ability to provide for the child’s needs, and their willingness to encourage a healthy relationship between the child and the other parent.
  • Child’s Educational Needs: The education needs of the child and the proximity of each parent’s residence to the child’s school is an important factor when considering child custody. This is to ensure that the child’s academic progress is not disrupted and that they have easy access to their educational resources.
  • Child’s Relationship with Their Family: Maintaining connections with siblings and extended family members can be crucial for the child’s emotional well-being and sense of identity. Therefore, the court may take into account the potential impact of a custody arrangement on these relationships.
  • Mental and Physical Health of Each Parent: This evaluation is done to determine their ability to provide a safe and nurturing environment for the child. If a parent has a history of substance abuse or mental health issues, the court may require them to seek treatment or take other measures to ensure the child’s well-being..
  • Court-ordered Representative: The court may appoint a guardian ad litem, an attorney, or a social worker to represent the child’s interests during the custody proceedings. These professionals can provide valuable insights into the child’s needs and preferences, helping the court make a more informed decision.

It’s important to note that these factors are not exhaustive, and the court may weigh additional relevant considerations based on the specific circumstances of each case. Parents are encouraged to work collaboratively to develop a possession and access arrangement that serves the best interests of their child. If an agreement cannot be reached, the court will make determinations based on the evidence presented. Consulting with a family law attorney can provide guidance on how these factors may apply to your specific situation.

What Is a Standard Possession Order in Child Custody Arrangements? 

Understanding the default custody schedule in Texas can be crucial in determining your parental rights and responsibilities. The Standard Possession Order (SPO) is a default custody schedule outlined in the Texas Family Code that applies to most cases where parents are filing for divorce or separation.

The Standard Possession Order provides a framework for parents to follow when it comes to the time they spend with their child. It includes guidelines for both weekday and weekend visitation, as well as provisions for holidays, summer vacations, and other special occasions. This schedule aims to ensure that both parents have regular and meaningful contact with their child, promoting a healthy and stable environment for the child’s growth and development.

Under the SPO, the noncustodial parent typically has visitation rights on the first, third, and fifth weekends of each month. This allows the child to spend time with both parents on a regular basis, fostering a strong parent-child relationship. Additionally, the SPO usually grants the noncustodial parent extended visitation during summer break, school holidays, and certain other designated periods.

Modifying the Standard Possession Order to Fit Your Needs

While the SPO provides a starting point for custody arrangements, parents can modify the schedule to better suit their unique situation. Consulting with an experienced Austin child custody lawyer can help you understand your options and negotiate a custody arrangement that aligns with your child’s best interests.

Modifying the Standard Possession Order requires both parents to agree on the changes and submit them to the court for approval or a finding by the court that applying a standard possession order is not in the child’s best interests after a hearing. The court will consider various factors, such as the child’s age, the parents’ work schedules, and the child’s school activities, when evaluating the proposed modifications. It is important to note that any modifications to the SPO must still prioritize the child’s well-being and ensure that their best interests are met.

When seeking to modify the SPO, it is essential to provide compelling reasons for the requested changes. These reasons may include a significant change in circumstances, such as a parent’s relocation, a change in work schedule, or unexpected changes in the child’s needs as they grow older. Demonstrating that the proposed modifications will benefit the child and promote their overall welfare is crucial in obtaining court approval.

Working with our skilled Austin child custody lawyers can greatly assist in navigating the process of modifying the Standard Possession Order. We can provide guidance on the legal requirements, help gather necessary evidence, and advocate for your rights as a parent. With our skilled guidance, you can present a strong case to the court and increase your chances of obtaining a modified custody arrangement that better suits your family’s needs.

Conservatorship and Child Support

In Texas, child support and conservatorship are separate but related concepts in family law. Child support is financial assistance provided by one parent to the other for the benefit of their child, while conservatorship refers to the legal rights and responsibilities of parents. Here’s how child support works in relation to conservatorship in Texas:

Conservatorship and Child Support:

Child support is typically determined based on the Texas Child Support Guidelines, which consider the income of the noncustodial parent and the number of children requiring support. The designation of conservatorship (whether it’s joint managing conservatorship or sole managing conservatorship) does not directly impact the obligation to pay child support. Child support is determined separately from the conservatorship arrangement.

Obligation of the Noncustodial Parent

The noncustodial parent typically has the obligation to pay child support to help cover the child’s basic needs, including housing, food, clothing, education, and medical care.

Even if both parents share joint managing conservatorship, the noncustodial parent may still be responsible for child support payments based on their income and other factors outlined in the child support guidelines.

Medical Support

In addition to basic child support, the noncustodial parent may be required to contribute to the child’s medical and dental expenses, either by providing insurance or paying a portion of these costs.

It’s important to note that while conservatorship and child support are distinct legal matters, they are often addressed together in the context of divorce or child custody proceedings. The goal is to ensure that the child’s financial needs are met and that both parents contribute to their support, regardless of the specific conservatorship arrangement. Consulting with our family law attorneys is advisable to understand the specific laws and guidelines applicable to your situation in Texas.

How Can I Protect My Parental Rights?

Upset parents behind a daughter.If you’re going through a child custody dispute in Austin, Texas, it’s essential to take proactive steps to protect your parental rights and maintain a strong relationship with your child. 

Steps to Take to Maintain a Strong Relationship with Your Child

  1. Communication: Open and honest communication with your child is crucial. Make it a priority to actively listen to their thoughts and feelings, and reassure them that they are loved and supported.
  2. Quality Time: Spending quality time with your child is vital for building and maintaining a strong relationship. Plan activities that you both enjoy and create lasting memories together. Whether it’s going for a hike, playing board games, or simply having a movie night, these shared experiences will strengthen your bond.
  3. Consistency: Consistency is key when it comes to maintaining a strong relationship with your child. Be reliable and follow through on your commitments. This includes showing up for scheduled visitations, attending school events, and being actively involved in their day-to-day life.
  4. Respect Boundaries: It’s important to respect the boundaries set by the other parent and the court. This means adhering to custody agreements, refraining from negative comments about the other parent in front of your child, and avoiding any behavior that could be seen as undermining the other parent’s authority or right to make decisions.
  5. Seek Professional Help: If you’re facing challenges in maintaining your parental rights, don’t hesitate to seek professional help. An Austin family law attorney can provide guidance and support throughout the custody process, ensuring that your rights are protected and advocating for the best interests of your child.
  6. Document Everything: Keeping detailed records of all interactions with your child and the other parent can be invaluable in protecting your parental rights. This includes documenting visitation schedules, communication exchanges, and any incidents that may be relevant to your case. These records can serve as evidence if any disputes arise in the future.
  7. Stay Informed: Familiarize yourself with the laws and regulations regarding child custody in your jurisdiction. Understanding your rights and responsibilities as a parent will empower you to make informed decisions and effectively advocate for yourself and your child.
  8. Focus on the Child’s Best Interests: Throughout the custody dispute, it’s crucial to prioritize the best interests of your child above all else. This means putting aside personal differences and working towards a resolution that promotes their well-being and happiness.

By implementing these strategies, you can take proactive steps to protect your parental rights and maintain a strong and loving relationship with your child. Always remember, at The Eggleston Law Firm, it is crucial to seek expert guidance and assistance from our Austin child custody lawyers. They will help you navigate the intricacies of the legal system and strive to secure the optimal outcome for you and your child.

Working with Austin Child Custody Lawyers Who Care

Choosing the right child custody lawyer can make all the difference in the outcome of your case. At The Eggleston Law Firm, we are committed to providing skilled guidance and support to parents in Austin, Texas, and the surrounding areas.

When it comes to child custody disputes, the stakes are high and emotions can run deep. That’s why it’s crucial to have a team of experienced child custody lawyers by your side. Our team at The Eggleston Law Firm has extensive experience in family law matters, including child custody disputes. We have seen firsthand the complexities of the legal system and understand the unique challenges that parents face.

Our dedicated child custody lawyers are not only well-versed in the legal aspects of child custody cases, but they also have a deep understanding of the emotional toll it can take on parents. We believe in providing compassionate and client-centered representation, creating a supportive environment for our clients throughout the entire legal process.

Our Experience and Family Law Services

At The Eggleston Law Firm, we take pride in our experience and track record in family law matters. Our team of dedicated child custody lawyers has handled numerous cases involving child custody and visitation disputes, and we have a proven track record of success.

When you choose us as your child custody lawyers, you can rest assured that you are in capable hands. We will work tirelessly to protect your parental rights and ensure the best possible outcome for you and your child. Our team will thoroughly analyze your case, gather all the necessary evidence, and develop a strategic legal approach tailored to your specific situation.

We understand that every child custody case is unique, and we believe in taking a personalized approach to each client. Our goal is to provide you with the guidance and support you need to make informed decisions throughout the legal process. We will explain the legal options available to you, help you understand the potential outcomes, and advocate for your best interests every step of the way.

With our compassionate and client-centered approach, we aim to create a supportive environment for our clients, guiding them through every step of the legal process. We believe that every child deserves a safe and nurturing environment, and we will fight tirelessly to protect your child’s best interests.

The Eggleston Law Firm: Your Trusted Child Custody Advocates

When it comes to child custody battles, having a trusted advocate by your side can make all the difference. At The Eggleston Law Firm, we are dedicated to being your trusted advocates throughout the entire child custody process.

Our skilled Austin child custody lawyers understand the challenges you are facing and are prepared to fight tirelessly to protect your rights. We will work closely with you to understand your goals and develop a legal strategy that aligns with your needs. Whether you are seeking sole custody, joint custody, or visitation rights, we will advocate for your best interests and the best interests of your child.

At The Eggleston Law Firm, we believe in open and honest communication with our clients. We will keep you informed about the progress of your case, answer any questions you may have, and provide you with the support you need during this challenging time.

If you are facing a child custody battle in Austin, Texas, let The Eggleston Law Firm be your trusted advocates. Our skilled Austin child custody lawyers will fight tirelessly to protect your rights and help you navigate this difficult time. Contact us today at 512-640-2507 for a consultation and let us provide you with the skilled guidance and support you need during this challenging process.

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