Austin Child Custody Modification Lawyer

Most parents experience changes in their life circumstances at some point, and some of these changes may warrant amendments to a child custody arrangement. Texas law does not use the terms physical and legal custody, but instead possession, access, and conservatorship. If you are navigating arrangements with a co-parent, consult with an Austin child custody modification lawyer at Kimbrough Legal, PLLC. Our conservatorship attorneys can help you find the best solution for your family.

Child Conservatorship

Child custody is addressed in Texas under laws concerning conservatorship and possession and access. Conservatorship focuses on primary parenting decisions, including:

• Where the children attend school or day care
• The medical and psychiatric care the children receive
• The children’s religious upbringing
• Moral and social upbringing
• The extracurricular activities and travel that the children participate in

When possible, courts prefer to keep both parents involved in this process as joint managing conservators. You and your children’s other parent may continue to make the big-picture decisions together or divide the decisions between you. When it comes to the decisions that parents must make on a day-to-day basis, the parent who has possession of the children at the time bears this responsibility.

Even if parents share joint managing conservatorship, the parent with the primary residence where the child lives is known as the primary conservator, and the other parent is the non-primary parent. Sole managing conservatorship is only awarded to one parent if there is a significant reason to do so. If this is the kind of modification you are seeking, reach out to a knowledgeable Austin attorney to learn if sole conservatorship is an option for you.

Possession and Access

The terms possession and access refer to parenting time, which determines when your children spend time with you or the other parent, and both parents’ right to contact with the children when not in possession of them. Courts begin with the presumption that children are better off when both parents play a big role in their lives. This means that, in most cases, both parents can expect schedules with equal parenting time.

When you request modifications to your agreement, the court will make its decision based on the best interest of the child, including:

• The children’s ages and developmental stages
• Each parent’s age and overall mental and physical health
• Each parent’s level of commitment to being an effective co-parent
• The children’s physical, educational, medical, and emotional needs
• Any concerns related to child abuse, child neglect, or domestic violence
• Each parent’s efforts to support the other’s close and ongoing relationship with the children
• Each parent’s commitment and ability to effectively address the children’s needs and provide them with a suitable home
• The degree to which each parent has participated in raising the children to date, and the depth of the relationships each parent has forged with the children

If you have questions about what factors may influence a court’s decision regarding changes to conservatorship and possession and access agreements, contact an Austin conservatorship modification attorney.

How Do You Resolve Modifications Out of Court?

If you and your co-parent can negotiate the terms of your conservatorship amendments between yourselves, you can generally expect the court to uphold them, especially if you sought help from skilled Austin family lawyers. Your current terms, however, remain legally binding until you make your changes official with the court.

Negotiating conservatorship modifications between yourselves allows you and your co-parent to retain decision-making authority. Most parents prefer this option over allowing the court to make key decisions for them. Working closely with a trusted attorney from the start could help you protect your parental rights throughout negotiations.

Contact a Child Attorney in Austin for Help With Conservatorship Modifications

A dedicated Austin child custody modification lawyer at Kimbrough Legal, PLLC could help you make changes to your current agreement. We understand how important conservatorship arrangements are to your family and are committed to helping you obtain favorable terms to protect your children’s future. Contact us online or give our firm a call today.