Austin Child Custody Attorneys

Types of Child Custody Agreements

For more than 125 years of collective family law experience, our Austin child custody lawyers have been helping parents stay with their children and continue to raise them. We are familiar with how Texas family law courts prefer to create and approve child custody agreements. Make our knowledge your own by leaving us in charge.

Texas will usually arrange child custody as:

• Joint custody: If both parents are fit for parenthood, then the court will want to create a joint custody plan that lets them share the responsibility of making important decisions for their child. You and your spouse will have to cooperate on these decisions if you have joint custody.
• Sole custody: If one parent isn’t fit for parenthood, then sole custody will be given to the other spouse, who can make important decisions for the child without the other spouse’s approval. For example, a parent with a domestic violence conviction might not be given parental rights.

Child Custody Modifications in Texas

Did a child custody order get issued, but you don’t think it is good for your child? Or has something in your life changed that makes it untenable for you to have the child custody arrangement that you do now? Do not worry. It might be possible to file a petition to modify the child custody order to better suit the new situation.

When modifying a child custody order, it will have to be shown that:

• Your child is not benefitting from the current arrangement; or,
• You can’t reasonably meet the expectations of the current arrangement.

Child Custody Process

To file for child custody, you must be able to prove that your child has lived in Texas for at least six months. This process will vary from one case to the next, so you should let our experienced team handle it. When the petition is filed, the court will then need to see what parent should have child custody rights. By extension, it might also be the time to decide which parent gets visitation or parenting time, which allows a parent to live with or spend time with their child after divorce.

Factors to consider when deciding on child custody include:

• Stability of each parent’s home
• Parent’s behavior around the child
• Health of each parent
• What the child prefers (if old enough)

What is an Interstate Child Custody Case?

If you and your ex-spouse live in different states, then the child custody case will be “interstate.” This situation is tricky because a Texas court might have jurisdiction over the case, or the other state’s court might have jurisdiction. The jurisdiction usually belongs to the court in the child’s home state, but not always.

Diggs & Sadler has experience with complex child custody cases, including interstate child custody contests. You can trust us to handle things, even if another state’s rules shape the child custody agreement.

Child Custody Trials

A child custody contest can go to trial if the spouses can’t reach a fair agreement in mediation or negotiations. Family court judges do not want to have to rule on child custody cases, though. It is preferred that the spouses can find a solution that benefits the child on their own since they know more about the child’s needs than the court ever will.

When you work with our Austin child custody attorneys, we can help keep your case out of trial by working toward an amicable agreement that works for everyone. Yet, at the same time, we will always be ready to litigate on your behalf. Protecting your child’s best interests is paramount, so we don’t shy away from a courtroom fight if it becomes necessary.

We’re Happy to Help – Please Call Today

A team of Austin child custody lawyers is standing by to help your family get through this tough time. Just call (713) 766-5355 to connect with Diggs & Sadler. Initial consultations for child custody clients are FREE!