Austin Child Custody Attorneys

Putting Your Children First

Are you navigating through the complex world of child custody laws in Austin? Do you find yourself overwhelmed by the legal jargon and intricacies of the process? Our knowledgeable and empathetic child custody attorneys are here to help you navigate the legal process and the difficulties that may arise in your case.

At Sanchez & Farrar PLLC, our experienced Austin child custody lawyers have the skill and determination to protect your rights. One of our attorneys is a formal social worker and one has spent 23 years in the Texas legislature working on many of these issues. Whether you are seeking sole or joint custody or visitation rights, you can count on our child custody lawyers in Austin, Texas to provide the legal representation you deserve.

Contact Sanchez & Farrar, PLLC today to schedule an initial consultation. Let us put our experience to work to fight for your children’s best interests. Call us today at 512-518-1584.

A mother feeding her baby while it's being held by their father.Understanding Child Custody Laws in Austin

Child custody refers to the legal arrangement and decision-making authority for children following the dissolution of a marriage or partnership. In Austin, the primary consideration in determining custody arrangements is the best interests of the child.

When it comes to child custody in Austin, Texas, there are a set of guidelines that aim to ensure the well-being and happiness of the child. These guidelines take into account various factors, such as the child’s age, their relationship with each parent, and their overall emotional and physical needs. The court’s main objective is to establish a custody arrangement that promotes stability and a healthy environment for the child to thrive.

How Austin Laws Differ from Other Regions

It’s essential to understand that child custody laws can vary from state to state and even within different regions in the same state. In Austin, there are specific laws and guidelines that dictate how child custody cases are handled.

Austin takes a unique approach to child custody, emphasizing the importance of both parents’ involvement in the child’s life. The court recognizes the significance of maintaining a meaningful relationship between the child and each parent, as long as it is in the child’s best interests. This approach promotes co-parenting and encourages parents to work together to make decisions regarding the child’s upbringing.

In Austin, both parents are typically encouraged to maintain a meaningful relationship with their child, unless there are valid reasons for limited or supervised visitation.

While the court encourages parents to cooperate and reach an agreement on custody matters, they understand that sometimes conflicts arise. In such cases, the court will step in to make a decision based on the best interests of the child. The court will consider factors such as the parents’ ability to provide a stable home environment, their willingness to foster a healthy relationship between the child and the other parent, and any history of domestic violence or substance abuse.

Austin’s child custody laws aim to protect the child’s well-being while also recognizing the rights and responsibilities of both parents. The court’s ultimate goal is to ensure that the child has a loving and supportive environment to grow and thrive.

The Complexities of Child Custody in Texas

Child custody in Texas involves complex legal considerations. Courts prioritize the child’s best interests, aiming for stability and nurturing environments. Texas follows joint managing conservatorship unless it could be detrimental to the child. 

Factors such as parental involvement, mental and physical health, living arrangements, and the child’s preference may influence custody decisions. Parents can seek sole or joint custody, and visitation rights are determined. Relocation issues are prevalent, requiring court approval. Understanding these intricacies and seeking legal counsel can help parents navigate the complexities of child custody proceedings effectively.

Factors Influencing Child Custody Decisions in Austin, Texas

A mother watching her two children play.

Courts in Austin, Texas consider several factors when determining child custody arrangements:

  • Child’s Best Interests: The primary consideration is what arrangement would be in the child’s best interests, focusing on their safety, emotional well-being, and overall development.
  • Parent-Child Relationship: The court assesses the relationship each parent has with the child, including their ability to provide emotional support, stability, and guidance.
  • Parental Fitness: Courts evaluate the physical and mental fitness of each parent to ensure they can provide a suitable environment for the child.
  • Child’s Preference: Depending on the child’s age and maturity, their preference may be taken into account.
  • Co-Parenting Ability: The willingness and ability of parents to cooperate and communicate effectively for the child’s benefit are important factors.
  • History of Care: The court considers each parent’s historical involvement in the child’s upbringing, including their roles in caregiving and decision-making.

Types of Child Custody in Austin, Texas

Child custody in Texas is complicated, even when simply trying to explain the term. The terminology is different. A parent is granted a “conservatorship,” which can be a joint or sole managing conservatorship. Conservatorship governs a parent’s say in important decision-making for the child, such as their religious upbringing, where they attend school, and health care decisions.

Additionally, with a joint or sole managing conservatorship, one of the parents will decide where the child lives. This parent is known as the custodial parent. As part of the divorce decree, the possession schedule contained within the decree will detail the schedule of visitation for the noncustodial parent.

In Austin, Texas, child custody arrangements are categorized into different types to determine the legal rights and responsibilities of parents regarding the care, upbringing, and decision-making for their children. The following are the common types of child custody arrangements recognized in Austin and throughout Texas:

  • Joint Managing Conservatorship (JMC): In a joint managing conservatorship, both parents share the rights and responsibilities for making important decisions about the child’s upbringing, education, healthcare, and more. This arrangement emphasizes collaboration between parents. While one parent may be designated as the primary custodial parent (with whom the child primarily resides), both parents have a say in major decisions.
  • Sole Managing Conservatorship (SMC): In a sole managing conservatorship, one parent is granted the primary legal rights and responsibilities for making important decisions regarding the child. The other parent may still have access to visitation rights, but significant decisions rest with the sole managing conservator.
  • Possessory Conservatorship: Also known as “noncustodial conservatorship,” this arrangement typically applies when one parent’s involvement is limited due to specific circumstances, such as distance or concerns about the child’s safety. The possessory conservator is granted specific visitation rights under court-approved conditions.
  • Standard Possession Order (SPO): This is a commonly used visitation schedule for noncustodial parents in Texas. It outlines specific times and dates for visitation, including weekends, holidays, and school breaks. The SPO is often used when parents cannot agree on a custom visitation arrangement.
  • Expanded Standard Possession Order: This variation of the standard possession order provides additional time for the noncustodial parent, allowing for extended periods during weekends, holidays, and summer vacation.
  • Modified Custody Arrangements: Depending on the unique circumstances of the case, custody arrangements can be customized to fit the needs of the child and parents. These modifications might involve different visitation schedules, joint decision-making responsibilities, and other terms.

A father looking at his daughter during a visit while her mother watches them both
It’s important to note that the terminology used may vary slightly, but the basic concepts of joint managing conservatorship, sole managing conservatorship, and possessory conservatorship remain consistent. The court’s primary consideration in determining custody arrangements is the best interests of the child, and these arrangements can vary greatly based on the specifics of each case.

When dealing with child custody matters in Austin, Texas, it’s advisable to consult with an experienced family law attorney who can guide you through the legal process and help you understand your rights and options based on the specific circumstances of your case.

What Is A Standard Possession Order?

A standard possession order describes the child’s time with his or her parents. If the parents can agree, they can divide the child’s time however they like. If they cannot agree, the court will impose a statutory schedule if the parents live within 100 miles of each other. If they live further apart, there are additional changes, with the noncustodial parent possibly having less time during a month but more time during the summer break.

While the SPO is widely used, not all divorced couples follow it exactly. Some parents opt for more flexible arrangements, especially if they are able to communicate well and cooperate for the benefit of their children. Factors such as work schedules, the child’s age and preferences, the distance between parents’ homes, and other unique circumstances can influence the custody and visitation arrangement that divorced couples choose.

Ultimately, what divorced couples use in terms of custody and visitation arrangements can vary widely. It’s important for parents to consider the best interests of their children and work towards a plan that works for their specific situation. Consulting with a family law attorney or mediator can help parents navigate the legal and emotional complexities of creating a custody and visitation agreement.

Modified Possession Orders

If the standard possession order does not work, there are modified possession orders that are available, employing alternating weeks, split weeks, alternating weekends, day visits or no overnights. We help you determine the possession order that will work best for your child. This is important, as this order will control much of your day-to-day life and that of your children until they become adults or you need a modification.

The Process of a Child Custody Case

Child custody cases can be complex and emotionally challenging. Understanding the process is crucial to navigate through the legal system effectively. 

  1. Initial Consultation and Case Evaluation:

The first step in the child custody process is an initial consultation with your attorney. This meeting is essential as it sets the foundation for your case. During the consultation, your attorney will gather detailed information about your situation, including your relationship with the child, your living arrangements, and any concerns or issues you may have. Additionally, your attorney will assess your goals and objectives regarding custody. They will listen attentively to your concerns and provide you with an honest evaluation of your case. This evaluation will include an overview of the legal process, the potential challenges you may face, and the possible outcomes. Moreover, your attorney will explain the different types of custody, such as physical custody, legal custody, and visitation rights. They will help you understand your rights as a parent and guide you in making informed decisions.

  1. Mediation:

Mediation is a common approach used in Austin child custody cases to help parents reach agreements regarding custody and visitation arrangements outside of court. It is a voluntary process where a neutral third party, the mediator, facilitates communication and negotiation between the parents.

Austin child custody attorneys can assist in preparing clients for mediation, ensuring they present their case effectively and advocate for their child’s best interests. They can help clients prioritize their goals, negotiate with the other party, and propose fair custody arrangements. Attorneys also ensure that any mediated agreements align with Texas laws and protect their clients’ parental rights, making the mediation process more productive and increasing the likelihood of reaching a favorable outcome for the children involved.

  1. Court Proceedings and Negotiations:

If an agreement cannot be reached through negotiation and mediation, court proceedings become necessary. Your attorney will file the necessary legal documents and represent you in court. This stage can be both intimidating and crucial to the outcome of your case.

Your attorney will meticulously prepare your case, gathering evidence, interviewing witnesses, and formulating a strong legal strategy. They will present your case before the judge, using compelling arguments and evidence to support your position.

During the court proceedings, your attorney will also have the opportunity to cross-examine witnesses presented by the other party. This allows them to challenge the credibility and accuracy of the opposing party’s claims, strengthening your position.

Throughout the court process, your attorney will be your advocate, fighting for your rights as a parent and striving to secure the best possible outcome for you and your child. They will skillfully navigate the legal system, ensuring that your voice is heard and your concerns are addressed.

  1. Finalizing the Custody Agreement:

Once a custody agreement is reached, your attorney will guide you through the finalization process. This involves drafting a comprehensive agreement that outlines the terms and conditions of custody, visitation, and any other relevant issues such as child support.

Your attorney will ensure that the agreement is legally binding and enforceable. They will review the document with you, explaining each provision and its implications. It is crucial to have a thorough understanding of the agreement to avoid any future disputes or misunderstandings.

Furthermore, your lawyer will work diligently to protect your rights as a parent and advocate for the best interests of your child. They will strive to create a custody arrangement that promotes stability, consistency and a healthy environment for your child’s growth and development.

A mother holds her young daughter and son wrapped up in a blanket
Complications in Child Custody Cases

Child custody cases can become complex and challenging due to various factors. Here are some of the common complications that can arise in child custody cases:

  • High Conflict Between Parents: When there is a history of high conflict and animosity between parents, reaching an agreement on custody arrangements can be extremely difficult. This can lead to prolonged legal battles and negatively impact the children’s well-being.
  • Parental Alienation: In some cases, one parent may attempt to alienate the child from the other parent, causing emotional distress and strain on the parent-child relationship. Proving parental alienation and addressing its effects can be complex.
  • Relocation: If one parent wishes to relocate with the child, it can complicate custody arrangements. Courts need to consider the impact of the move on the child’s relationship with the other parent, their school, and their community.
  • Domestic Violence or Abuse: Allegations of domestic violence or child abuse can significantly impact custody decisions. Ensuring the safety of the child while allowing the non-abusive parent to have a meaningful relationship requires careful consideration, at times including protective orders.
  • Child’s Special Needs: Children with special needs may require specific care, resources, and accommodations. Determining the best custody arrangement to meet the child’s unique needs can be complex.
  • Substance Abuse or Mental Health Issues: If one parent has substance abuse or mental health issues, the court must assess their ability to provide a stable and safe environment for the child. Balancing parental rights with the child’s safety is challenging.
  • Modification Requests: Over time, circumstances may change, necessitating modifications to existing custody orders. Proving a substantial change in circumstances and justifying the need for modification can be complex.
  • Interstate or International Jurisdiction: If the parents or child live in different states or countries, determining which jurisdiction’s laws apply can be intricate and impact custody decisions.
  • Custody Evaluations: In contentious cases, the court may order a custody evaluation by a mental health professional or social worker. This evaluation can introduce additional complexities as the evaluator assesses each parent’s capabilities.
  • Guardian ad Litem Involvement: In cases where the child’s best interests are particularly complex, a guardian ad litem may be appointed to represent the child’s interests. This can lead to additional perspectives and considerations in the case.
  • Parental Rights Terminations: In cases of severe neglect or abuse, the court may consider terminating parental rights. This is an extreme measure with serious legal and emotional implications.
  • Enforcement of Custody Orders: Even after a custody order is in place, one parent may fail to comply. Enforcing custody orders can involve legal actions to ensure visitation rights are respected.

Navigating these complications requires legal expertise, a deep understanding of family law, and a focus on the child’s best interests. If you’re facing any of these challenges in a child custody case, it’s crucial to work with experienced family law attorneys who can guide you through the complexities and advocate for the best outcome for you and your child.

Military Child Custody Cases in Austin, Texas

Military divorce and child custody cases in Austin, Texas, involve unique considerations due to the nature of military service and potential deployments. Here are some key factors that courts may take into account when determining custody arrangements:

  • Parental Deployment: Courts consider the frequency and duration of deployments when determining custody. The deploying parent may need to establish a family care plan outlining who will care for the child during their absence.
  • Child’s Best Interests: As with any custody case, the child’s best interests remain paramount. The court will assess the stability of each parent’s home, their ability to provide for the child’s physical and emotional needs, and the existing relationship between the child and each parent.
  • Relocation: Military families may be required to move frequently. Courts must assess the potential impact of relocation on the child’s well-being and consider the logistics of maintaining visitation and communication between the child and the non-custodial parent.
  • Parenting Time Adjustments: The non-deploying parent may need to temporarily assume more significant parenting responsibilities during deployments. Courts may make adjustments to parenting time schedules to accommodate the deploying parent’s service obligations.
  • Family Care Plans: Deploying parents are encouraged to create comprehensive family care plans that outline the child’s care, including medical, educational, and emergency provisions, during their absence
  • The Servicemembers Civil Relief Act (SCRA): This federal law offers certain protections to active-duty military members, including the ability to request a stay or postponement of custody proceedings while on deployment.

In military child custody cases, it is essential for parents to seek legal counsel familiar with both family law and military regulations to navigate the complexities and ensure the best interests of the child are upheld.

Why Choose Sanchez & Farrar

Our experienced Austin Family Law Attorneys at Sanchez & Farrar are dedicated to securing the best possible outcome for your child custody case. We provide personalized attention to your unique circumstances and tailor our legal strategies to protect your rights and your child’s well-being. As your trusted legal team, we ensure: 

Thorough Case Assessment and Strategy Development:

At Sanchez & Farrar, we understand that each child custody case is unique. Our skilled family law attorneys will conduct a comprehensive assessment of your situation, taking into account the specifics of your family dynamics, the child’s best interests, and any relevant legal factors. This thorough analysis allows us to develop a customized legal strategy tailored to your goals and circumstances.

Skilled Negotiation to Reach Favorable Settlements:

We believe that many child custody disputes can be resolved amicably through negotiation and mediation. Our experienced attorneys are adept at advocating for your interests while maintaining a collaborative approach. We work tirelessly to facilitate productive discussions with the other party to reach mutually beneficial settlements whenever possible. This approach helps minimize conflict and stress for both you and your child.

Aggressive Representation in Court, If Necessary:

In cases where amicable resolution isn’t possible, our legal team is prepared to provide assertive representation in court. Our attorneys have extensive experience in family law litigation, and we’re dedicated to fiercely protecting your rights and advocating for your child’s well-being before the judge. We present a compelling case based on evidence, legal precedents, and compelling arguments to achieve the best possible outcome.

Guidance in Navigating Complex Legal Procedures:

The legal landscape surrounding child custody cases can be intricate and overwhelming. We provide clear guidance and explanations to help you understand the legal processes, requirements, and deadlines. Our team ensures that you are well-informed at every stage of the case, empowering you to make informed decisions that serve the best interests of your child.

Compassionate Support to Ease Emotional Challenges:

We recognize that child custody cases can be emotionally taxing for all parties involved, especially the children. Our team not only offers legal expertise but also provides compassionate support throughout the process. We understand the emotional strain that these situations can bring, and we’re here to offer guidance, empathy, and a listening ear to help you navigate the challenges more effectively.

Securing a Stable and Nurturing Environment for Your Child:

At Sanchez & Farrar, our ultimate goal is to ensure a stable and nurturing environment for your child. We are committed to advocating for the well-being of your child and working tirelessly to secure a custody arrangement that promotes their growth, development, and happiness.

An Austin child custody attorney plays a crucial role in helping parents navigate the complexities of child custody cases. Their expertise, negotiation skills, and dedication to a child’s well-being can greatly increase the chances of a favorable outcome. If you find yourself in a child custody dispute, seeking the assistance of the qualified child custody attorneys at Sanchez & Farrar, PLLC can make a significant difference in the resolution of your case. 

Choosing the Right Child Custody Attorney in Austin

When it comes to child custody cases, choosing the right attorney is crucial. The outcome of your case can have a significant impact on your child’s future, so it’s important to find someone who is knowledgeable, experienced, and dedicated to protecting your rights as a parent. Here are some factors to consider when hiring a child custody attorney in Austin:

  1. Experience in Family Law:

One of the first things you should look for in a child custody attorney is their experience in family law. Family law is a complex area of legal practice, and child custody cases require a deep understanding of the relevant laws and regulations. An attorney with years of experience handling child custody cases will have the necessary knowledge and skills to navigate the legal system effectively.

  1. Specialization in Child Custody:

While experience in family law is important, it’s even better if the attorney specializes specifically in child custody cases. Child custody cases can be emotionally charged and require a unique approach. An attorney who focuses on child custody will have a deep understanding of the intricacies involved and will be better equipped to handle the complexities of your case.

  1. Reputation and Track Record:

Before hiring a child custody attorney, take the time to research their reputation and track record. Look for reviews and testimonials from past clients to get an idea of their level of professionalism and success rate. A lawyer with a good reputation and a track record of success is more likely to provide you with the quality representation you need.

  1. Knowledge of the Local Court System:

Child custody cases are often decided by judges who have discretion in making decisions that are in the best interests of the child. An attorney who is familiar with the local court system, judges, and other legal professionals will have an advantage in presenting your case effectively. They will understand how child custody cases are typically handled in Austin and can provide you with the best advice tailored to your specific situation.

  1. Personal Compatibility:

Child custody cases can be emotionally draining, so it’s important to find an attorney with whom you feel comfortable. You will be working closely with your attorney throughout the duration of your case, so it’s crucial to have a good rapport and open lines of communication. A compassionate and understanding attorney can provide you with the support you need during this challenging time.

Choosing the right child custody attorney in Austin is a decision that should not be taken lightly. By considering these factors, you can find an attorney who will provide you with the guidance and representation you need to protect your rights and secure the best possible outcome for your child.

Austin Child Custody Attorney FAQs

Why do I need a child custody attorney in Austin?

Child custody cases can be complex and emotionally charged. An experienced attorney can provide legal expertise, help you understand your rights and options, and advocate for the best interests of your child.

How can an attorney help with child custody mediation in Austin?

An attorney can guide you through the mediation process, offer legal advice, help prepare you for negotiations, and ensure that any agreements reached align with Texas laws and protect your parental rights.

What factors do courts consider in Austin child custody cases?

Courts consider the child’s best interests, parental involvement, living arrangements, mental and physical health of the parents, the child’s preference (if old enough), and any history of abuse or neglect.

Can I modify an existing child custody order in Austin?

Yes, you can seek a modification if there has been a significant change in circumstances affecting the child’s well-being. This could include a parent’s relocation, job change, or issues related to the child’s safety or schooling.

How does military service impact child custody in Austin?

Military service can be a factor considered in custody cases, especially regarding deployment and relocation. Courts focus on the child’s best interests and may make adjustments to parenting time schedules to accommodate the deploying parent.

How are child custody decisions made if parents cannot agree in Austin?

If parents cannot agree on custody, the court will make a decision based on the child’s best interests, taking into account various factors such as the parent’s ability to care for the child and maintain a stable environment.

Speak With an Experienced Austin Child Custody Attorney

If you’re dealing with a child custody issue in Austin, Texas, you can trust Sanchez & Farrar to be your dedicated advocates. We invite you to reach out to us for a consultation, during which we can discuss your case, answer your questions, and chart a path forward. Taking this first step can be pivotal in safeguarding your child’s future and your parental rights. 

With Sanchez & Farrar on your side, you can navigate the challenging journey of child custody with confidence and work towards a positive solution for your family. Our skilled Austin child custody lawyers and every member of our staff are bilingual in English and Spanish, enabling us to provide all of our clients with the legal guidance they deserve.

To learn more about the services offered by Sanchez & Farrar, PLLC, call our firm today at  512-518-1584. Contact us today to begin the journey towards resolving your child custody matters with professionalism, knowledge, and compassion.

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