Austin Child Custody Lawyers
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, Jefferies & Herlihy, LLC, provides highly skilled and effective legal representation to help clients resolve custody and as many other family law issues. We work with you to find the solutions that work best for you and your family.
What Are the Custody Laws in Texas?
In Texas, child custody is known as conservatorship. The conservator, or parent, has the rights to make medical, educational, legal, and other important decisions for the child. Depending on the situation, this may mean awarding primary physical custody and assign the important decision-making authority to 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, this does not necessarily mean a 50/50 split of time with each parent, nor does it mean that each parent will always share each decision-making right - other scenarios often apply.
Are you facing a custody dispute in Texas? Call Jefferies & Herlihy, LLC today at (512) 379-6274 or contact us online to schedule a meeting with our Austin custody attorneys!
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’ respective homes
- Future plans each parent has for the child
- The potential for neglect, harm, or abuse by either parent
- If the parent has had problems with substance abuse or mental health issues
- The child’s preference if he or she is over 12 years old
- The child’s relationship with parents
- The child’s educational needs
- The health and safety of the child
- Any special needs the child might have
- Other specific needs of the child based on the particular circumstances
The court may also consider how well each parent supports the child’s relationship to the other parent, co-parents with the other parent, how the child will adjust to changes in school or community, and the child's relationships with siblings and other family members. Once the judge’s decision has been finalized, this becomes a legally binding court order, and each parent must abide by it. These issue are often brought up not only in the original divorce case, but also in a later custody modification suit.
Establishing Parental Rights in Texas Custody Cases
In Texas, a woman is recognized as the mother of her child at birth. Fathers must establish paternity, either through a Voluntary acknowledgement of paternity established by certain paperwork or through the courts, which sometimes involves 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’ agreed upon plan that is presented to the court, or will make those decisions and rulings when parents cannot come to an agreement.
The parenting plan should:
- Contain specific information about where the child will live
- Provide visitation to the noncustodial parent as agreed or as determined appropriate by the judge
- 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 and advocate for your rights and interests.
Protect Your Child's Best Interests with a Skilled Child Custody Lawyer
When it comes to child custody matters, the well-being and best interests of your child should always be the top priority. At Jefferies & Herlihy, LLC, our experienced child custody lawyers understand the complexities and emotional challenges that come with these cases. We are dedicated to helping parents in Austin and the surrounding areas navigate the legal process and achieve the best possible outcome for their children.
Why choose our child custody lawyers?
- Extensive knowledge of Texas custody laws: Our team is well-versed in the child custody laws specific to Texas, ensuring that we can provide you with accurate and up-to-date legal advice.
- Personalized representation: We understand that every child custody case is unique. That's why we take the time to listen to your concerns, understand your goals, and develop a tailored legal strategy that aligns with your specific needs.
- Strong advocacy in and out of the courtroom: Whether your case can be resolved through negotiation or requires litigation, our skilled attorneys will fight vigorously to protect your rights and the best interests of your child.
- Compassionate support: We know that child custody disputes can be emotionally draining. Our team is here to provide you with the support and guidance you need throughout the entire process, offering compassionate and understanding legal counsel.
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.
Contact Jefferies & Herlihy, LLC today to learn more about Texas child custody laws!
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