Child Custody We're In This Together

Austin Child Custody Lawyer

Child Custody Decisions, Disputes, and Modifications

At Andrae Law, PLLC, our goal is to guide you through any child custody proceedings to help you not only avoid the stress associated with a dispute or disagreement but to help you seek a swift and favorable result.

mother and daughter

Our child custody attorneys in Austin, TX work diligently to help you achieve the outcome you are hoping for while keeping you informed and supported.

Why Choose Andrae Law, PLLC?

Committed to Giving Back
Our firm is involved with giving back to the legal profession and the community.
Board Certified
Amanda Andrae is Board Certified in Family Law by the Texas Board of Legal Specialization.
Experienced Attorneys
Our attorneys have over 40 years of combined legal experience.

Helping You in a Variety of Child Custody Issues

Our lawyers take on child custody proceedings for clients in and around Austin, Williamson, Travis, and surrounding counties, including those that involve:

To find out how our child custody lawyers can help you, call our team at (512) 668-7133. We serve Williamson, Travis, and any county surrounding Austin, TX.

Understanding Child Custody Arrangements in TX

Any custody issue has the potential to be highly contested. As parents, we want what’s best for our children, and we fight for what we believe is right. This can make an otherwise amicable divorceturn into a heated battle over custody and visitation.

Even though there are common aspects that a judge routinely considers in a child custody dispute, each custody case is different and may affect one or more of these custody arrangements. Therefore, it is essential to understand which arrangement may be best for you and your family.

What are the Different Types of Custody in Texas?

Most parents that come in for a consultation with us ask how they can get “primary custody” or “sole custody” of their children. While this is a reasonable and expected question in a parent’s mind, the legal term in the Texas Family Code is conservatorship. One parent is usually given the exclusive right to designate the primary residence of the children.

Joint & Sole Managing Conservatorships

The term conservatorship encompasses many other rights, duties, and obligations of the parents or conservators beyond the issue of the children’s primary residence. The presumption in Texas is that parents are Joint Managing Conservators and will make decisions jointly, such as whether a child should have an elective surgery or receive psychological treatment.

However, there are some cases where one parent is named the Sole Managing Conservator and the other parent is named the Possessory Conservator.

Those designations are typically reserved for the high conflict relationships, or in a case where one parent has significant mental health or substance abuse problems, or other issues that interfere with their ability to parent.

How is Custody Determined in Texas?

There are several factors that the courts consider when making judgments regarding child custody in Texas. The overarching factor is the best interest of the child.

There are multiple ways to measure this, which include:

Each parent’s home environment
How far the parents live from each other
Each parent’s ability to take care of the child or children
Whether or not the parents are able to work together
The financial situation of each parent
The job situation of each parent (travel, work hours, etc.)
The child’s preference when 12 years or older
Needs of the child (both emotional and physical)
The current extent of each parent’s relationship with the child

These are just a few of the factors a court may consider. No matter what, the court will decide based on what it believes will be in the best interest of the child.

Is Texas a 50-50 Custody State?

Yes, Texas is a 50-50 custody state. Texas law explicitly says courts cannot discriminate based on sex when deciding custody.

The Texas Family Code also states that it is the state's policy to encourage frequent contact between a child and each parent for times of possession that optimize the outcome of a close and continuing relationship between each parent and child.

Typically, the court will name both parents as joint managing conservators of their child unless there is a compelling reason why one parent should have sole conservatorship.

Parents can switch to an SPO, a 50/50, or another schedule if they prefer and agree. If parents disagree, the judge will decide on custody, visitation, and access based on the child's best interest.

What Makes a Father Unfit for Custody in Texas?

What makes a father unfit for custody in Texas is if he has a practical and negative impact on the child's emotional and physical health. Some effects labeled as unfit include abuse, unsuitable living environment, history of drugs or alcohol, or abandonment.

Should You Get A Lawyer For Child Custody In Texas?

During Texas child custody proceedings, your attorney will establish an open line of communication with you so you can express your wishes and concerns, as well as seek legal advice relating to your child or children, your relationship with a co-parent, or your case in general.

Get Highly Experienced Custody Counsel

There is an unlimited number of variations within the issue of conservatorship. Our firm works to find a structure that works best for our client and their family.

As mediators and litigators, our Austin child custody lawyers have negotiated and formulated an infinite number of conservatorship structures for our clients and mediation parties.

Don't go through the Texas child custody process alone. Contact us at (512) 668-7133 to put our Austin custody attorneys on your side.

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"Excellent & Trustworthy divorce attorney"
Amanda and her team impressed me from the very get-go. If you want an attorney who is responsive, who will work as much within your budget as possible, and will keep you clearly informed throughout your legal journey - I recommend Amanda fully and without reservation. In my case, it was a relatively agreeable divorce situation with children, multiple properties and businesses involved. And as my divorce attorney, I could not have asked for better representation and sound advice. As with any divorce, I had some times of pretty high emotion and Amanda was kind, non-judgmental and very understanding to the challenges I was facing. And along the way, Amanda and I shared some great laughs which made the tough situation of divorce a bit easier. Are there things that Amanda's office could probably do better? Sure. But that's true of any attorney or any business practice. What she does best is what matters most - and that is ensuring her clients are protected, advised, and represented professionally with the highest ethical standards.

Anon
"Ethical, compassionate, dedicated attorney in an extremely complicated and difficult situation."
Amanda Andrae is an ethical, compassionate, dedicated attorney who truly cares about what is important in family law, the best interest of the child. My situation was beyond complex and difficult with respect to the dyamics of all the involved parties, therapists, attorneys, witnesses, etc. Amanda did not falter in her ability to skillfully manage both the "people" side of things and the legal/ technical. She is honest and responsive, and truly went above and beyond to find ways to resolve an impossible situation. Amanda is also well respected by other attorneys, judges and therapists in Austin, which is important. In a situation where there were often no good answers, she did what she does best, which is think strategically, creatively, and always focus on what was best for my children and for me. If you want an ethical, compassionate, skilled family law attorney, I highly recommend Amanda Andrae.

Anon
"Perfect amount of understanding and empathy"
Amanda and her team have exhibited the perfect amount of understanding and empathy balanced with sound legal guidance. Amanda was sensitive to my desires in implementing my divorce and setting up visitation for my ex-husband but didn't let me short myself by giving up more than I needed.

Anon
"They were great with communication"
I am very pleased with Andrae Law. I got divorced and had a child custody matter I needed help with and they handled it. They were very direct with what my options were. If I was confused about something they were very good about explaining the process and what had to be done. They were great with communication, via email and phone. I've had attorneys in the past that wouldn't return my call for up to a week, I was very happy that didn't happen with this firm. I feel I definitely got my money's worth. I highly recommend Amanda Andrae & Sally Pretorius with Andrae Law.

Anon
"Knowledgeable and compassionate"
Amanda is a very knowledgeable and compassionate attorney who expertly guides her clients to fair settlements and, when needed, to very good outcomes in the courtroom.

Anon
"Deeply moved by your incredible generosity"
Amanda, "Thank you" is insufficient, as I am deeply moved by your incredible generosity. Your support, along with Joan and Alex, has been beyond remarkable. I don't know how I would've gotten through this experience without all of you. You and Joan are just as much therapists as you are lawyers. You both fought for me and didn't let me back down when I was emotionally exhausted but you did so with respect and integrity. You provided me with the validation I needed when I doubted myself. I now carry this forward with me and the value of such is priceless. You turned one of the worst experiences of my life into one of my proudest. As a result of the dedication and unwavering support I received from you both, my family will forever be shaped for the better. In sincere gratitude, I wish you all the best.

Anonymous
"Great family lawyer"
I hired Amanda Andrae to help me with a child conservator issue. I had orders in place already regarding custody and child support but I needed to change them to sole conservatorship in order to take care of everything for my daughter in the complete absence of her father. I knew that changing orders was very difficult and would be even more so without being able to locate the father to serve him. I had also had a terrible experience with the lawyer who wrote the original orders and felt very uncomfortable undergoing the process again. I researched and chose Amanda and her firm carefully and I am so glad I did. Amanda figured out exactly what needed to be done, inspired confidence and calm in me, and took me through the long process with the exact end result I needed for my daughter's safety and best interests. The new orders are perfect, thoughtfully written to reflect our situation rather than boilerplate, and have already worked wonders. With them, I was able to get my daughter a passport and give her school authority to turn away her father if he tried to come pick her up. I feel immense peace of mind knowing my daughter is safe.

Anon

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