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During an emotionally trying time in Austin, Texas such as a divorce or separation, child custody is often one of the biggest concerns for parents. The outcome of child custody arrangements can often dictate how you and your children interact in the future. There is a lot at stake in a child custody battle and at Kimbrough Legal, PLLC, we want to ensure you have the information and support you need for this extremely sensitive and complicated matter.
This in-depth guide will help you understand the child custody process in Austin, Texas, the criteria the courts look for, and what you as a parent can actually do to help your case. Whether you’re preparing for an initial custody battle or looking to change an existing custody agreement, this guide will ensure you know what to expect and how to fight for your parental rights.
Child custody (also called Conservatorship) cases in Texas are not unlike those in other areas. There are two (2) types of conservatorship.
Physical Custody
Physical custody deals with the location of where the child will reside and logistical aspects of raising the child. Physical custody in Austin, Texas can be:
In Austin, Texas, the courts typically favor arrangements that keep both parents actively involved in a child’s life which is why joint custody is commonly awarded. Sole custody in Austin, Texas can be ordered if a parent is considered “unfit” or if it is determined to serve the child’s best interest.
In Austin, Texas the courts are required to take into consideration the best interest of the child when determining custody arrangements. This means there is quite a bit of flexibility in deciding custody so long as the final decision promotes the child’s best interest Physiological and emotional needs of the child. Here are some of the most common criteria the courts look for in a child custody case:
The courts in Austin recognize that different ages require different amounts of care. The developmental needs of the child including educational, emotional, and physical necessities will be taken into consideration.
In Austin, the courts will consider the residential environment of each parent including how stable each home situation is. Some of the factors considered include whether a safe, clean, and nurturing home can be provided.
The courts in Austin will consider the existing relationships between the child and each parent. They will examine the quality of these relationships as well as the level of involvement each parent has had in the child’s life.
The courts in Austin will consider the mental and physical health of both parents as well as any history of substance abuse. Evidence of domestic violence or neglect will also be taken into consideration.
In Austin, the courts recognize that a child benefits from a consistent routine. Disrupting the child’s routine can negatively affect the child’s educational and social life as well as the relationship between the child and each parent.
The child’s preference may be considered by the courts in Austin depending on the child’s age and maturity. Older children may be given more of a say where they would like to reside.
The courts in Austin favor parents who can cooperate together and communicate effectively concerning the child’s needs. In the event that parents cannot agree, the courts look for parents who are at least willing to attempt to cooperate.
There is quite a bit that can be done in preparation for an Austin, Texas child custody hearing. Taking the proper steps to ensure you have a strong case for the court can make a huge difference in the end result. Here are some of the most important things you can do to prepare:
There is a significant amount of information you will want to have readily available in preparation for your hearing. Some of the most helpful documents to have include:
School Records: Report cards, attendance records, notes from teachers, etc.
Medical Records: Documentation of any medical needs, physician knowledge, and the child’s overall health.
Communications: Written logs or other evidence of communications between you and the other parent.
Visitation: Records of visitation schedules and compliance.
Financial: Proof of financial ability to meet the needs of the child.
A parenting plan shows the court that you are seriously concerned with the welfare of your child. Some details you may consider including are:
Custody Schedule: Include proposed arrangements for custody and visitation.
Decision Making: Propose how you will make major decisions.
Holiday and Vacation Plans: Include proposed plans for major holidays and summer vacation schedules.
Communication: Propose how you will communicate with the other parent concerning the child’s needs.
The court is going to want to ask questions to gauge your suitability as a parent and your ability to provide a stable home for your child. Some common topics they will ask about include:
You should look to demonstrate that you are in fact very involved in your child’s life. This includes things like:
There is a lot to know and understand about Austin, Texas child custody hearings. Even the most prepared parents can benefit from the professional guidance of a family law attorney.
An experienced Austin, Texas family law attorney from Kimbrough Legal, PLLC can guide you through the legal process, help you prepare for your hearing, and aggressively represent your case in court when necessary.
Mediation is a useful tool in resolving child custody disputes without the additional trauma of court in Austin, Texas. The process involves a neutral third-party who facilitates discussions between the two parents with the goal of creating an agreement. Here are some of the biggest benefits of using mediation in Austin, Texas:
Mediation encourages cooperation between the two parents and lessens the adversarial nature of custody disputes in Austin, Texas which can help reduce the overall stress on both parents and the child.
Mediation gives parents more overall control in Austin, Texas because they are working together to craft an agreement rather than having a decision forced upon them by a judge.
Mediation is typically much less expensive than a lengthy court battle which can end up saving parents in Austin, Texas a significant amount of time and money.
Mediation sessions in Austin, Texas are typically held privately and the discussions are kept confidential unlike a court case which is all part of the public record.
Mediation requires parents in Austin, Texas to communicate more effectively and use sound reasoning and problem solving skills which can help improve interactions between parents in the future.
As life changes, the need for a new child custody agreement may become apparent in Austin, Texas. Here are some of the most common reasons a modification may be granted.
A parent’s work schedule or location may change, requiring a modification to the custody order to reflect the new reality in Austin, Texas.
A parent may need to move to another town or state in Austin, Texas, which may necessitate a modification to address the practicalities of the new location.
Children’s circumstances are always evolving, and it may become necessary to modify an order to better address the child’s educational, social, or health needs in Austin, Texas.
A parent’s conduct may raise concerns about the safety of the child, perhaps due to abuse or neglect in Austin, Texas. A modification can be sought to address these concerns.
In some cases, the parents may simply agree that the current arrangement is no longer working in Austin, Texas. When this happens, they may jointly ask for a modification.
The procedure for changing a child custody order in Austin, Texas generally involves the following steps:
If you are involved in a child custody dispute in Austin, Texas, it’s vital to understand your parental rights and how to protect them. The following list describes several important parental rights in Texas:
In a custody dispute, you have the right to hire a lawyer to represent you in Austin, Texas. A qualified attorney can help safeguard your parental rights and help you fully understand your options.
Both parents in Austin, Texas, have the right to inspect their child’s educational, medical, and legal records unless the court orders otherwise.
Despite not having primary physical custody, in Austin, Texas, you have the right to visitation with your child unless a judge decides that visitation would not be in the child’s best interest.
If you have joint legal custody in Austin, Texas, you retain the right to decide significant matters regarding the upbringing of your child.
You have the right to know significant facts about your child’s life in Austin, Texas, such as emergencies or changes to living arrangements.
To safeguard your parental rights in Austin, Texas:
The qualified family law lawyers at Kimbrough Legal, PLLC understand the challenges and emotions involved in a child custody case in Austin, Texas. Our goal is helping you achieve the most favorable outcome in your case. Here are ways we can assist you:
We offer in-depth legal guidance on every aspect of Austin, Texas, child custody, from understanding your options to navigating the court process.
Our lawyers are dedicated, competent advocates who will plead your case in court in Austin, Texas, and ensure your interests are protected.
We recognize that every family in Austin, Texas, is unique. Therefore, we provide customized support that addresses your specific circumstances and needs.
In Austin, Texas, mediation is a process where an impartial third party helps conflicting parties seek a resolution to their dispute. At Kimbrough Legal, PLLC, we was successful in helping custody-aggrieved parents find resolution and avoid contentious, expensive hearings.
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