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Types of Child Custody Agreements
For more than 125 years, our Austin child custody lawyers have helped 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, the court will want to create a joint custody plan that lets them share responsibility for 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 changed in your life that makes it untenable for you to have the child custody arrangement 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 prove your child has lived in Texas for at least six months. This process will vary from case to case, 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, 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 rule on child custody cases. 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, 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.
Austin Child Custody FAQs
Can a child choose which parent to live with in Texas?
While Texas courts may consider a child's preference, the final decision rests with the judge. If the child is 12 years or older, they can express a preference to the court through an interview or affidavit, but this does not guarantee the outcome. The court will still evaluate the situation to ensure that the child’s choice aligns with their best interests. Ultimately, the judge has the authority to make the decision that is best for the child, even if it differs from their expressed preference.
Can child custody orders be modified?
Yes, child custody orders can be modified in Texas if there is a material and substantial change in circumstances. This could include a change in the child’s needs, one parent’s living situation, or the ability of a parent to care for the child. The parent requesting the modification must prove that the change is in the child's best interest. Modification requests are typically filed with the court that issued the original custody order, and the court will carefully evaluate the circumstances before making a decision.
Do grandparents have custody or visitation rights in Texas?
Grandparents in Texas may seek custody or visitation rights, but these cases can be challenging. For a grandparent to be awarded custody, they must show that the child’s current living situation with the parents poses a risk to the child's physical or emotional well-being. For visitation rights, grandparents can petition the court under specific conditions, such as when one parent is deceased, incarcerated, or if the grandparent has had significant involvement in the child's life. However, the court prioritizes the parents' rights in most cases.
How does child support relate to custody in Texas?
Child support is typically awarded to the parent who has primary physical custody of the child. The non-custodial parent usually makes payments to cover the child's living expenses, healthcare, education, and other needs. The amount of child support is calculated based on state guidelines, which consider the non-custodial parent’s income and the number of children. Child support and custody are separate matters. Even if a parent is behind on child support, they can still have visitation rights unless the court decides otherwise for reasons related to the child’s welfare.
How long does a child custody case take in Austin, Texas?
The duration of a child custody case can vary greatly depending on whether both parties agree or if the case goes to trial. If both parents can reach a custody agreement, the process may take a few months. However, if there are disputes and a trial is necessary, the case could take a year or more to resolve. The complexity of the issues, court schedules, and any need for evaluations, such as a child custody evaluation, can all affect the timeline.
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 (512) 548-8355 to connect with Diggs & Sadler. Initial consultations for child custody clients are FREE!
