Austin Mother’s Rights Lawyer

As a mother, your child’s growth and well-being are undoubtedly important to you, no matter the situation. When you end a relationship with a partner or want to establish a relationship with your child, you may need to assert your parental rights.

An Austin mother’s rights lawyer could explain your rights under state law and help you sue for custody or rights of access to your child. Our seasoned family attorneys understand the importance of the mother-child relationship, and we want to ensure your relationship with your child has the opportunity to grow.

What You Need to Know About Suing for Custody

A biological or adoptive mother can file suit under Texas Family Code § 102.003. This suit for custody is called conservatorship, possession, and access, with the goal of becoming a managing conservator, the person most in charge of caring for and living with the child.

The guiding principle of family law is to provide for the best interest of the child. Family Code § 153.002 specifies a court must decide custody issues in the “best interest of the child” before all other considerations.

Parents might be separated, in the process of divorcing, or unmarried and trying to figure out who should take care of their child. During a suit, a court must appoint at least one managing conservator, but both parents can be joint managing conservators per Family Code § 153.005. Alternatively, a mother could be appointed a possessory conservator under Family Code § 153.006, meaning she can have both possession and access to her child without being the managing conservator in charge of having her child live with her most of the time.

The exact features of the relationship will be laid out by the court’s orders, though mothers can contest a decision by showing the arrangement would not be in the child’s best interest. They also have certain parental rights at all times as detailed by Family Code § 153.073, including the right to:

  • Manage the child’s estate when the family has created one
  • Consult with school officials and engage in school activities with their child
  • Access their child’s medical and educational records and consult with their doctors
  • Be an emergency contact for your child and consent to emergency medical treatment on their behalf
  • Receive information about their child’s health, education, and welfare and confer with another conservator before making decisions affecting these aspects

These rights can only be limited by court order, and when an order does so, it must also detail what rights are preserved. An attorney experienced with mother’s rights in Austin could help protect these rights and provide the best for the child.

Other Features of Family Law to Consider

A family court will consider various details and can provide different avenues for resolving issues when making its decision.

For example, a court may not allow a parent access to their child when that parent has a history of violence over the prior two years or has committed certain abuses under Family Code § 153.004. Even when this is the case, a court can still allow some access, usually supervised or otherwise protecting the child and parent, when doing so is beneficial, safe, and in the best interest of the child.

Lawsuits are only one method of disputes and claims. Co-parents might agree to a parenting plan under Family Code § 153.007 instead of going through litigation. They could also participate in a “collaborative family law process” beginning with a written agreement, advised by attorneys, to resolve the issue under the Collaborative Family Law Act.

An Austin attorney who is well-versed in mother’s rights understands the specific features of the law and could make a difference in how a mother cares for her child.

Confer With an Austin Attorney About Mother’s Rights

No one wants to separate a mother and child, but you must show how you will act in your child’s best interest. Fortunately, you do not need to do so alone.

Telling your story to an Austin mother’s rights lawyer could get you the legal and emotional support you need to take care of your child. Contact our office today to schedule your confidential consultation.