Austin Child Custody Lawyer

Parents who decide to live apart must decide how they will co-parent their children. These decisions are often the most emotionally challenging aspects of a divorce or breakup.

Contact an Austin child custody lawyer for help navigating these issues with a spouse or former partner. A legal professional can explain the legal options and help you advocate for the outcome that serves your children best.

Understanding Child Custody

The terminology surrounding what was once known as custody and visitation has changed considerably, and Texas has its own unique vocabulary. Child custody is also called “conservatorship.” Conservatorship laws outline the legal rights and responsibilities a conservator has as the child’s parent, such as the right to:

• Access the child’s medical and educational records
• Consult a physician or other medical professional about the child’s health
• Consult with school officials about the child’s educational status and general welfare
• Consent to emergency medical treatment in which the child’s life is endangered
• Get information from the other parent about the child’s general welfare, including health and education

Texas Family Code § 153.002 requires all decisions concerning children to prioritize the children’s best interests. Typically, a judge will determine conservatorship unless both parents can mutually agree on a custody plan, in which case the court will simply need to approve the written agreement. A judge’s primary concern when determining conservatorship is the best interest of the child.

Types of Conservatorships

In Texas, there are two main types of conservatorships: joint managing conservatorships (JMC) and sole managing conservatorships (SMC).

Joint Managing Conservatorships

The state presumes that both parents will be named as joint managing conservators, meaning both parents will share the rights and responsibilities for the child. These responsibilities, among other parental duties, will be outlined in detail by the court. However, one parent may still be granted the right to exclusively make decisions for the child in this case.

One thing to keep in mind about JMCs is that they do not automatically insinuate that both parents will split their time equally with the child. These custody and visitation rights are outlined in a separate visitation order known as a standard possession order (SPO).

Sole Managing Conservatorships

This is an agreement where the court grants only one parent these parental rights and responsibilities, including the ability to make decisions on the child’s living arrangements, healthcare, education, and extracurricular activities. An SMC will also be listed as the child’s emergency contact for school-related or other activities. SMCs are typically the recipients of child support as well.

Generally speaking, courts only designate one parent as the SMC in relatively extreme circumstances, such as if one parent has a history of violence, neglect, or substance abuse, if one parent has largely been absent from the child’s life, or if both parents bitterly disagree on religious, educational, or medical values.

Special Issues in Custody Proceedings

There are sometimes legal complications that arise in child custody matters, including the following: 

Unmarried Fathers Must Establish Paternity

When parents are unmarried, only the mother is the legal parent to any children the relationship produces. The father gains parental rights when both parents sign an Acknowledgment of Paternity when the child is born or sometime later. 

When both parents sign the Acknowledgment, the father’s custody rights are the same as the mother’s. When one parent does not sign, a man who seeks custody rights must petition a court to declare him the child’s father. 

Allegations of Domestic Violence or Child Abuse

Parents sometimes seek sole managing and possessory conservatorship of their children because they allege the children’s co-parent is unfit or dangerous. Texas Family Code § 153.004 directs a judge to consider evidence of intentional physical violence or sexual abuse toward a spouse or anyone under 18 that occurred within two years of the proceeding. 

The court can require visits to be supervised if there is evidence that being alone with the parent might be harmful to the child. The law specifically states that when a child is conceived through rape or sexual abuse, regardless of the relationship of the parents at the time of conception, the abuser has no parental right to conservatorship.

Determining child custody can be a contentious and emotionally taxing ordeal, which is why you need a seasoned attorney to guide you every step of the way. Kimbrough Legal, PLLC, helps Austin parents navigate this complicated legal terrain so that children can thrive under the new agreements set up by a divorce.

Seek Guidance on Child Custody Matters With an Austin Attorney

Giving up time with your children is heart-wrenching for most parents. Cooperating with your co-parent to establish a workable plan benefits the children and helps them adjust to their parents living apart. Unfortunately, this is neither possible nor desirable in some situations.

Reach out to an Austin child custody lawyer for advice, guidance, and support on all matters pertaining to the conservatorship of your children. Call to schedule a consultation today.