(833) 553-4251
(833) 553-4251
In an ideal world, custody arrangements are simple. Both parents are fit and involved, with excellent parenting skills and the child’s best interests at heart. In the real world, things are rarely so simple. Parents may struggle with problems that lead to disputes, whether those disputes are based on the betterment of their children or using the kids as a way to rehash old hurts.
Being aware of the common custody issues in Austin can help you prepare for disputes by making you aware of common mistakes to avoid and helping you understand issues the court is likely to consider when determining custody. A dedicated child custody lawyer’s job is to help you separate self-interest from the best interest of the child.
When parents enter into a custody dispute, they often think of things like battle or war. However, it is only very rarely in a child’s best interests for their parents to be at war. Usually, parents need to be able to co-parent with one another peacefully. Courts encourage this by sending people to mediation or alternative dispute resolution (ADR). These less adversarial approaches help foster more cooperative relationships between parents and reduce conflict. However, they are not appropriate for all scenarios.
If there has been violence in the relationship, these forms of cooperative decision-making can give an abuser more opportunities to exercise power and control. Since domestic violence is a common factor in many Austin custody disputes, attorneys may be able to suggest alternatives to traditional ADR.
When the court enters a decision in a custody case, the goal is to choose the solution that is in the child’s best interests. However, a child’s best interests evolve, which means you may need to modify or enforce custody orders to reflect life changes. However, in the interest of consistency, people can only modify custody orders every 12 months.
When one parent seeks custody, they are sometimes under the impression that the other parent will relinquish all rights. However, even if one parent has sole custody, the other parent often has the right to get information about the child, have visitation, and may be required to support the child financially through child support.
In fact, child support is one of the most common Austin custody issues. Generally speaking, the non-custodial parent pays child support to the custodial parent. Therefore, parents may fight for custody even if they do not want to take care of the child just to avoid paying child support. Being aware of this can help an attorney structure an argument in a dispute.
Another reasonably common custody issue Austin parents may face is a co-parent with a substance abuse problem or dealing with their own substance abuse issues. The courts look at the child’s best interest when making custody and visitation decisions. A parent with an active addiction poses a threat to a child’s physical, emotional, and mental well-being. Therefore, they may not have custody or visitation of the child or may get supervised visitation.
Perhaps the most alarming custody issue Austin parents commonly face is domestic violence or child abuse. When there is family violence, the courts have to be extremely careful about custody and visitation. They want children to have access to their parents, but allowing access is not always safe. However, it can be very challenging for a parent to convince a court that a child is at risk of abuse by the other parent.
Custody disputes have the potential to become very complicated very quickly. Fortunately, however unique your situation seems, our family law attorneys have experience with cases just like yours. Schedule a consultation with one of our legal professionals to discuss your custody case. Our team could help you navigate your scenario, whether you face common custody issues in Austin or more unique challenges.
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