Austin Child Custody Lawyers

Achieving the Best Possible Outcome for You & Your Children

If you are a parent going through a divorce or another child custody situation, your thoughts are consumed with worries about your future with your children. At Carroll Troberman, PLLC, we have handled numerous matters involving child custody and visitation, and our team of skilled child custody attorneys can provide you with the compassionate and relentless representation you need. We are committed to upholding your rights and the best interests of your child. Our approach includes personalized strategies that consider each family's unique dynamics and circumstances, ensuring that every decision reflects the child's well-being.

Call our Austin child custody attorneys at (512) 772-2442 or contact us online to schedule a consultation. 

Understanding Child Conservatorship (Child Custody) in Texas

Although “custody” is a term that is used by many in Texas, the Texas Family Code refers to this area of law as “conservatorship", but the terms can be used interchangeably outside of court.

There are two forms of conservatorship, or child custody, in Texas:

• Managing conservatorship 
• Possessory conservatorship

Managing conservatorship grants rights to make significant decisions about the child's welfare, while possessory conservatorship focuses on visitation rights. Understanding the distinction can help parents determine the arrangement most beneficial for their family structure. This is vital information when evaluating potential child custody attorney options in Austin.

Parents who are granted a managing conservatorship have the right to make decisions regarding the child. Texas Courts presume that a joint managing conservatorship—where two people or entities share the rights and responsibilities of making decisions for the child—is generally in the best interest of the child, unless they have reason to believe it would impair the child’s physical or emotional health. In such cases, the court will appoint one parent (or a non-parent) to be the sole managing conservator. This setup ensures that critical decisions, such as education and healthcare, are managed effectively by those best positioned to do so.

Joint Conservatorship/Child Custody: When Is It Right for Your Family?

• The parents are capable of making shared decisions based on the welfare of the child
• The parents have each played a major role in the child’s upbringing before their current situation
• Each parent can support a positive relationship between the other parent and the child
• The parents live near one another and plan to continue similar living arrangements
• A joint conservatorship aligns with the child’s preferences (for children 12 or older)

If the court orders a sole managing conservatorship to one parent, the other parent is usually granted possessory conservatorship. A possessory conservator has the right to possess and access the child. In other words, they are given visitation rights with their child. The only way a parent will be denied possessory conservatorship is if they have a history of neglect, abuse, or equally concerning behavior. It is crucial to present adequate evidence to ensure the child's safety and security in these formal arrangements.

Mediation & Alternative Dispute Resolution for Child Custody Cases

When it comes to child custody disputes, mediation and alternative dispute resolution (ADR) can be effective ways to reach a mutually beneficial agreement without the need for lengthy court battles. Our experienced Austin child custody lawyers at Carroll Troberman, PLLC are skilled in negotiation and mediation techniques to help you and your co-parent find common ground and create a parenting plan that prioritizes the best interests of your child first. These methods emphasize cooperation and compromise, allowing parents to maintain control over crucial family decisions.

Benefits of mediation and ADR for child custody matters include:

• Reduced conflict and stress for you and your child
• A cost-effective alternative to litigation
• Empowerment to make decisions about your child's future
• Privacy and confidentiality
• Greater flexibility and control over the outcome

Questions Frequently Asked of Child Custody Lawyers

What Should I Do Before a Child Custody Hearing?

Before a child custody hearing, it is important to gather all relevant documentation that supports your position, such as school records, medical information, and any correspondence pertinent to your parenting. Consulting with a child custody attorney near you can provide you with strategic insights on presenting your situation effectively. Additionally, preparing a personal statement can clarify your intentions and reinforce your commitment to the child’s best interest. Familiarizing yourself with courtroom procedures can help build confidence and reduce anxiety on the day of the hearing.

How Does Austin's Legal System Affect Child Custody Outcomes?

Local judges often prioritize stable environments for the child, emphasizing continuity in schooling and community involvement. Being aware of how certain judges will define what is best for a child can help guide parents in aligning their proposed custody plans with legal expectations. It can also benefit you to work with a child custody lawyer in Austin who is already familiar with local procedures and officials.

Can I Modify a Child Custody Arrangement if Circumstances Change?

Yes, custody arrangements can be modified if there is a significant change in circumstances, such as relocation, change in employment, or the child’s evolving needs. It requires demonstrating that the modification aligns with the child’s best interests and is necessary for their well-being. Working with a local child custody lawyer is crucial in these scenarios, in order to navigate the petition process efficiently and to present compelling justification to the court.