Austin Child Custody Lawyer

Experienced Representation in Travis County

Are you involved in a custody dispute or worried about how your impending divorce will impact your family? Our firm, The Law Firm of T. Wade Jefferies, provides highly skilled and effective legal representation to help clients resolve custody, as well as many other family law issues. We work with you to find the solution that works best for your family.

What Are the Custody Laws in Texas?

In Texas, child custody is known as conservatorship. The conservator, or custodial parent, has the right to make medical, educational, and legal decisions for the child. Depending on the situation, this may mean awarding physical and legal custody to either both parents or just one parent. Texas courts make decisions regarding custody and visitation based on the best interests of the child. Generally, the courts will favor maintaining the child’s relationship with both parents, such as in a joint legal custody arrangement. However, other scenarios may apply as well.

What Factors are Considered in a Child Custody Case?

When determining custody arrangements, the court may consider:

• The physical and emotional needs of the child
• The ability of each parent to raise the child
• The stability of the parents’ homes
• Future plans each parent has for the child
• The potential for harm or abuse by either parent
• If the parent has had problems with substance or alcohol abuse
• The child’s preference if he or she is over 12 years old
• The child’s relationship with parents
• The child’s education or religion
• The health and safety of the child
• Any special needs the child might have

The court may also consider how well each parent supports the child’s relationship to the other parent, how the child will adjust to changes in school or community here in Austin and the surrounding areas, and the child's relationships with siblings and other family members. Once the decision has been finalized, this becomes a legally binding court order and each parent must abide by it. The issue may be brought forward against in a custody modification case.

Is Texas a Mother or Father State Regarding Custody?

In Texas, a woman is recognized as the mother of her child at birth, including her rights to custody and child support. Fathers must establish paternity, either through a Voluntary Acknowledgement of Paternity or via a paternity test, in order to obtain and protect their fathers' rights to custody, visitation, and support.

How Can I Develop a Parenting Plan?

Texas courts encourage parents to collaborate in creating a parenting plan that serves the best interests of the child. The judge will either adopt the parents’ plan or make decisions when parents cannot come to an agreement.

The parenting plan should:

• Contain specific information about where the child will live
• Provide significant visitation to the noncustodial parent - if appropriate.
• Outline how weekends, holidays, and school breaks will be handled

We understand that child custody disputes can be incredibly emotional – tensions tend to run high in these cases. We strive to help clients resolve these matters as amicably and professionally as possible. If negotiation is not possible, we are not afraid to represent you in court.

Contact an Austin Child Custody Attorney Today

Led by a skilled child custody attorney in Austin, our firm knows the Texas custody laws and can fight for your rights and your child’s best interests in your custody dispute. Because we believe in providing personalized representation, we take the time to get to know you and to understand your goals before moving forward and developing strategies.