Austin Child Custody Lawyer

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.

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.