(512) 236-1315

Austin Child Custody Lawyer

Austin Child Custody Lawyer

Child custody is one of the most critical issues to resolve when you’re filing for divorce in Austin, TX. Custody also tends to be one of the most frequently contested issues. At Kazen Family Law & Divorce Lawyers, we understand that your children are your number one priority. 

Our experienced child custody lawyer knows how to protect your rights and your relationship with your kids. We have over 19 years of experience helping families like yours resolve sensitive child custody issues. 

Contact our law offices today at (512) 236-1315 to speak with an Austin child custody lawyer if you need help reaching, enforcing, or modifying a child custody agreement. 

Why Call  Kazen Family Law & Divorce Lawyers for Help With My Child Custody Matter in Austin?

It’s always important to have an experienced Texas family law attorney in your corner when resolving child custody issues. Standard arrangements may or may not work for your family. Custody disputes can even involve allegations of domestic violence and abuse. 

Whether your situation involves an amicable divorce or an emotionally charged custody battle, our team at Kazen Family Law & Divorce Lawyers is here to help.

We’re here to help your family by:

Our Austin family law attorneys are always available to discuss your case. Contact our family law firm today to get started.

Overview of Texas Child Custody Laws

First and foremost, child “custody” is technically referred to as “conservatorship” in Texas. Parents in Texas are referred to as conservators rather than custodians. In most states, there are two types of custody: legal and physical. 

In Texas, the legal terminology is different, but the issues are essentially the same:

  • Managing conservatorship: Involves legal custody or the right to make decisions about the child’s life. 
  • Possession and access to the child: Known as physical custody in most states. Deals with the right to time with the child. 

As in most states, the public policy is that both parents should share parenting responsibilities and rights. 

What is a Joint Managing Conservatorship in Texas?

In most cases, parents are considered joint managing conservators. That means each parent has the right to make decisions about the child and has joint legal authority over the child. 

These decisions often include:

  • Medical decisions, including consent to psychiatric or mental health treatment
  • Where the child will reside
  • Decisions about the child’s education and religious upbringing
  • Who will be entitled to attend the child’s school events
  • Who will be named as the child’s emergency contact
  • Child support 

When two parents are named joint managing conservators, that doesn’t mean they will have equal rights with respect to every issue involving the child. The final custody order will specify which decisions will be made jointly. One parent can also be given final decision-making authority with respect to one or more issues. 

Can One Parent Become Sole Managing Conservator in Texas?

Typically, a parent will be named sole managing conservator only in cases involving extenuating circumstances. 

Those circumstances that may warrant sole custody include allegations of:

  • Domestic violence
  • Child abuse or neglect
  • Alcohol or drug abuse
  • Abandoning the child or being absent from the child’s life
  • Extreme conflict between the two parents about critical issues in the child’s life

The child’s best interests will dictate whether giving one parent sole decision making authority is appropriate. It’s also possible that the court could name a third party as the child’s conservator. 

Possession and Physical Access to the Child

Even if the court approves a joint managing conservatorship, that does not necessarily mean that each parent will have equal rights when it comes to physical custody and visitation; Texas family courts may appoint one or more possessory conservators

Most often, one parent has the right to determine where the child lives and the other parent has visitation rights to the child. 

Possession and access are the key issues involved in physical custody disputes:

  • Possession means that a parent is physically present with the child and gets to decide what they do and where they go.
  • Access means that a parent has the right to interact with the child, whether through phone, text, email or via access to the child’s records or attending a child’s extracurricular activities. 

Texas has developed a standard possession order that’s used as a guideline in determining possession and access. The visitation schedule may vary depending on the distance between the two parents’ residences. The terms also vary if the child is under the age of three.

The SPO includes a schedule for each parent’s time with the child.

The basic terms give the non-possessory conservator the right to possession of the child:

  • For a few hours each Thursday evening
  • The first, third, and fifth weekend of each month
  • On every other holiday
  • For one month in the summer

The SPO will also contain details about how the child is exchanged. 

Note that the SPO is a basic outline designed to set the minimum possession rights for the non-possessory parent. The parents can always agree to a schedule that better suits their needs.

When parents live more than 100 miles apart, Texas law provides for a different default schedule. Again, parents can always agree on a schedule that better suits their family’s needs.

What Factors Are Relevant in Resolving Child Custody Matters in Austin?

Child custody decisions are always based on what is in the child’s best interests. Determining what is in the best interests of the child involves weighing many different factors. 

Some of the most important factors include:

  • The child’s emotional and physical needs
  • The child’s relationship with each parent
  • Each parent’s ability to provide a stable and nurturing home
  • The location of each parent’s home to the child’s school, friends, activities, etc.
  • Any evidence of family violence, abuse, or substance abuse
  • The parents’ ability to communicate about the child when making decisions
  • The role each parent played in the child’s life prior to the custody dispute
  • Any other relevant factors

If the child is over age 12, the child’s wishes may also be considered. However, the child’s wishes are never conclusive. The family court judge will consider all relevant factors in determining how much weight to give to the child’s wishes.

Who Determines Child Custody and Parenting Time in Austin?

Texas parents can simply agree on a custody and visitation plan. When parents reach a mutual agreement, the family court simply has to approve the written parenting plan if that plan is in the child’s best interests.

If two parents are unable to reach an agreement, the family law judge will step in and decide. 

Parents can also agree to alternative dispute resolution strategies if they’re unable to reach an amicable agreement and wish to avoid court intervention. 

Alternative options that the family law judge may approve include:

  • Binding arbitration
  • Non-binding arbitration
  • Mediation 

In these child custody cases, a third party will step in and help the parents reach a workable solution to the child custody dispute. However, the court always has authority to decline to accept the decision of that third party if it isn’t in the child’s best interests. 

Can Child Custody Orders Be Modified in Texas?

Yes, child custody orders can be modified in Texas. As in most states, child custody orders aren’t set in stone. Either parent can request a modification to an existing child custody order.

The process is fairly simple if the two parents can agree on the requested modification. When the parents agree, the family law judge can approve the modification, assuming it’s in the child’s best interests. 

When the parents disagree, they can petition the court for a modification if:

  • The child is over age 12 and requests a change
  • A substantial change of circumstances exists, and the modification is in the child’s best interests 

Changes in circumstances that have been deemed substantial include job relocations, change in marital status, abuse by either parent, medical conditions, and substance abuse. Whether the change is substantial enough to warrant a modification will depend heavily on the facts. 

What Happens if My Child’s Other Parent Violates the Court’s Child Custody Order?

Court intervention may become necessary if your co-parent continuously violates an existing child custody arrangement. Texas courts have many different options for enforcing the order. They may hold the offending parent in contempt, subject them to fines, require parenting classes, and even modify the existing order. 

Enforcing a custody arrangement can be difficult without an experienced family law attorney. Our Austin child custody attorneys at Kazen Family Law & Divorce Lawyers know how to help you navigate the system. Contact us right away if you need help enforcing or modifying a child custody order.

Contact an Experienced Austin Child Custody Lawyer for a Confidential Consultation Today

We highly recommend having an experienced Austin child custody lawyer by your side at every stage of the process. Our team at Kazen Family Law & Divorce Lawyers has nearly two decades of experience helping families like yours. Contact us today to get the legal assistance you deserve.

Visit Our Family Law Office in Austin, TX

Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315


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