Austin Child Custody Attorney

Your child custody case matters. Whether it involves simple agreements or serious issues affecting your child's future, you need experienced guidance. Our Austin child custody lawyers have successfully helped hundreds of parents resolve a wide range of custody disputes, from amicable arrangements to high-conflict custody battles.

Trusted Austin Child Custody Lawyers

Child custody disputes often become emotional and stressful. Our family lawyers excel at finding solutions that put your children first. We create custody arrangements that protect your children’s well-being while respecting your family’s unique needs.

Throughout the legal process, we keep the focus where it belongs—on your children’s best interests, not on conflicts between parents. This child-centered approach has made us trusted child custody attorneys for families across Central Texas.

Understanding Child Custody Under Texas Law

What does Texas law say about custody?

Texas family law starts with a simple principle: children benefit from having both parents involved in their lives. This is why child custody cases begin with the presumption of joint managing conservatorship.

In Texas law, “conservatorship” means the rights and duties parents have toward their children:

Making major decisions about health and education
Determining where the child will live
The physical possession and care of the child

The Texas Family Code includes what is called a “Standard Possession Order” that outlines a default visitation schedule, including:

Weekend possession
Extended summer visits
Alternating holidays

These standard provisions serve as starting points. Our Austin child custody lawyers help you customize these arrangements to fit your family’s specific needs and circumstances.

How Our Austin Child Custody Attorneys Approach Your Case

When handling child custody, our family law attorneys emphasize cooperation between parents to reach agreements on possession time and custody rights. While standard provisions exist, we believe parents can work together to find solutions that meet their children’s unique needs. Courts generally approve agreements reached amicably between parents, recognizing the value of parental collaboration.

Child custody cases consider various arrangements. Our Austin family law attorneys encourage joint custody when appropriate, as it promotes ongoing collaboration and shared responsibility. Joint conservatorship and possession allow both parents to participate in significant decision-making, ensuring your child benefits from both parents’ involvement. This arrangement helps maintain a positive co-parenting relationship, essential for your child’s development and stability.

While courts typically respect parental agreements, they can impose restrictions or modifications to custody arrangements when necessary to protect children. This authority applies in cases involving:

Domestic violence
Severe mental illness
Child abuse
Substance abuse problems

The court considers both parents’ mental and physical well-being when determining custody arrangements to ensure children’s best interests. Factors such as each parent’s ability to provide a safe environment for the child, mental stability, and capacity to meet the child’s emotional needs receive careful evaluation. This assessment ensures the custody arrangement supports your child’s healthy growth.

Our Goal: Clear, Enforceable Child Custody Orders That Protect Your Family

Every successful custody case ends with a comprehensive court order. Our Austin child custody lawyers work to secure detailed orders that clearly define:

Each parent’s rights and responsibilities
Specific possession schedules
Child support amounts and payment terms
Special provisions that prioritize your child’s best interests

Our experienced family law attorneys guide you through court proceedings with confidence. We help you achieve your desired outcome while ensuring all relevant factors—including mental and physical health—receive proper consideration.

Types of Conservatorship and Custody Arrangements We Handle

Joint Managing Conservatorship: Most common in Texas, this arrangement allows both parents to share in decision-making for the child, including medical and educational decisions. Parents with joint managing conservatorship have equal rights to decide certain aspects of their children’s lives, but neither parent can make decisions independently unless otherwise ordered or agreed to by the parties. To avoid problems, both parents must communicate and work together to make decisions. Joint conservatorship doesn’t mean children spend exactly half their time in each household.

Sole Managing Conservatorship: When appropriate for your child’s protection and well-being, we can help establish sole conservatorship and primary possession for one parent. This allows one parent to make important decisions for the child and have possession of the child most of the time.

Possessory Conservatorship: Often applies to the non-primary parent, defining specific rights and visitation or possession schedules.

Our Austin child custody attorneys help you understand these options and their implications. We create custody plans that support healthy parent-child relationships and provide stability.

A well-crafted custody order brings clarity and consistency to co-parenting. The Texas Family Code provides guidance on possession schedules. We present your case effectively in court and advocate for arrangements that serve your child’s best interests. The right custody order creates a framework for successful co-parenting that evolves as your child grows.

Let our Austin family law firm support you in determining the best path forward for you and your child. We commit to achieving a favorable child custody resolution that promotes your child’s well-being and maintains your parental rights.

For more information on child support, please see Child Support.

Child Custody FAQs: Answers From Austin Child Custody Lawyers

What custody arrangement is best for a child?

There is no one-size-fits-all answer to this question. The best custody arrangement:

Supports your child’s emotional and psychological well-being
Maintains meaningful relationships with both parents when safe and appropriate
Considers your child’s age, personality, and specific needs
Creates stability during a time of transition

Current family law generally favors joint conservatorship when possible. This arrangement helps children maintain positive relationships with both parents after separation or divorce.

Joint conservatorship allows children to build strong bonds with both sides of their family and enables shared decision-making about education, healthcare, and activities. However, every custody case is unique, and the right arrangement depends on your family’s specific situation.

Who decides custody?

Courts review all parental agreements regarding child custody. If parents can cooperate to create fair and appropriate custody arrangements, courts often must approve these agreements. Working together gives parents better control over custody decisions during separation or divorce. If parents cannot reach an agreement, even after child custody mediation, the judge decides custody and visitation schedules. Before making child custody decisions, courts examine specific circumstances in each case.

How courts make custody decisions?

Texas courts prioritize one factor above all others: your child’s best interests.

When evaluating custody cases, courts consider:

Each child’s relationship with each parent
Who has been the primary caregiver
Each parent’s ability to provide a stable home
Children’s emotional and physical needs
Children’s educational and social requirements
Any history of domestic violence or neglect
Parents’ ability to cooperate in raising their children
Children’s preferences (if they’re old enough)

For younger children, courts often favor maintaining relationships with primary caregivers who have formed strong attachments with them. For teenagers, courts may consider their reasonable preferences.

Our Austin child custody lawyers understand how Texas judges approach these decisions. We prepare compelling cases that highlight the factors most relevant to your situation. The court’s ultimate goal matches ours: creating custody arrangements that serve your child’s best interests and promote their development and happiness.

How can I modify custody arrangements?

In Texas, judges prioritize stability for children when making custody decisions. This preference for maintaining the status quo makes modifying current custody orders challenging. To amend custody or visitation, you must demonstrate material and substantial changed circumstances. Parents must also show that the current order no longer serves the child’s best interests.

What types of custody awards exist?

The specific custody arrangement awarded depends on each case’s circumstances and what best serves the child’s well-being and development. Courts typically follow the Texas Family Code for guidance on possession schedules, though they may create arrangements that prioritize the child’s best interests and encourage positive co-parenting.