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.
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.
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:
As in most states, the public policy is that both parents should share parenting responsibilities and rights.
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:
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.
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:
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.
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:
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:
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.
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:
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.
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:
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.
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:
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.
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.
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.
Kazen Family Law & Divorce Lawyers
609 W 9th St Suite 101, Austin, TX 78701
(512) 236-1315
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