Powers Kerr & Rashidi, PLLC | Board Certified Family Law

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Powers Kerr & Rashidi, PLLC | Board Certified Family Law

Guiding Families Through Difficult Times
With Strength And Compassion

Powers Kerr & Rashidi, PLLC

The Attorneys At Powers Kerr & Rashidi, PLLC

Austin Attorneys For Sole And Joint Child Custody In Texas

Historically, child custody law in Austin and throughout Texas favored mothers during the appointment of the custodial parent (known as the conservator) of the children of divorce. But the updated Texas Family Code now specifies that either parent can be granted custody; the law decides the issue based on the best interests of the children. In working toward that goal, judges expect divorcing couples — who presumably know best what is right for their own children — to try to reach agreements on their own prior to seeking court intervention.

This may involve negotiating for sole custody, where one parent has primary decision-making authority, or joint custody, where both parents share responsibilities and decision-making power, with the goal of creating a stable and nurturing environment for the children. At Powers Kerr & Rashidi, PLLC, our child custody attorneys, all board-certified in family law, help their central Texas clients work toward equitable solutions that prioritize children’s needs before their cases ever reach the courtroom. 

Austin Child Custody Attorneys Who Help Ensure The Best Interests Of Your Children

In highly contested divorce cases, it may not be possible to reach agreements about child custody and support matters, and thus judicial intervention may be necessary. While our law firm makes every effort to help avoid the need for a courtroom decision, we are fierce advocates when demonstrating to a judge that the best interests of the children are addressed through their remaining in primary or sole custody of our clients. We will work with you to establish in a trial that your past history with and your future plans for your children provide the stability and support they need to thrive.

What Does ‘Best Interests Of The Child’ Mean In Texas?

As courts make child custody decisions in Texas, their primary concern is the best interests of the child. This guiding principle is rooted in the Texas Family Code, which requires judges to consider various factors when determining what arrangement will serve the child’s physical, emotional and psychological well-being. 

The following are considerations that courts take into account when evaluating the best interests of a child in Texas:

  • The child’s physical and emotional needs: The court will assess the child’s current and future needs, including their physical health, emotional well-being and educational requirements. This involves evaluating the child’s relationship with each parent, their living arrangements and the ability of each parent to provide a stable and nurturing environment.
  • The child’s relationship with each parent: The court will examine the quality of the child’s relationship with each parent, including the level of involvement, communication and bonding. This helps the court understand the child’s attachment to each parent and their potential needs for ongoing relationships.
  • The stability of the home environment: The court will evaluate the stability and security of each parent’s home environment, including factors such as the presence of a support system, the quality of the neighborhood and the availability of resources. 
  • The parents’ ability to cooperate: The court will assess the parents’ ability to communicate effectively, make joint decisions and cooperate in the child’s best interests. This is essential for co-parenting and ensuring the child’s needs are met.
  • The child’s wishes: Depending on the child’s age and maturity level, the court may consider their preferences regarding custody arrangements. 
  • The presence of domestic violence or abuse: The court will evaluate any history of domestic violence, abuse or neglect, which can significantly impact custody decisions. The safety and well-being of the child are paramount, and the court will prioritize their protection.

When Texas courts consider these factors, they aim to create a custody arrangement that promotes the child’s overall well-being and provides a stable, loving environment. Our experienced child custody attorneys in Austin understand the complexities of these evaluations and can help you navigate the process.

Modifying Child Custody Arrangements: When And How

As circumstances change, child custody arrangements may need to be modified to ensure the continued best interests of the child. If you are considering modifying a child custody order, it is essential to know the process and how an attorney can help.

The key considerations when modifying child custody arrangements include:

  • Significant changes in circumstances: A substantial change in circumstances, such as a parent’s remarriage, entry into a new relationship or a change in work schedule, may warrant a modification to the custody arrangement. This can help ensure the child’s needs continue to be met.
  • The impact of parental relocation: When one parent plans to relocate, it may be necessary to modify the custody arrangement to accommodate the new living situation. This can be a complex process, and an attorney can help navigate the logistics.
  • Noncompliance with the existing order: If one parent is not adhering to the existing custody order, it may be necessary to seek a modification to enforce the agreement. This can help prevent further conflict and ensure the child’s well-being.
  • The child’s changing needs: As children grow and develop, their needs may change, requiring adjustments to the custody arrangement. For example, a child may need to change schools or require more intensive medical care.
  • The role of mediation in modification: Mediation can be an effective way to resolve disputes and modify child custody arrangements without going to court. This process can help you achieve a mutually beneficial agreement.

When modifying a child custody arrangement, navigating the legal system can be daunting. Our child custody attorneys in Austin can guide you through the process, from filing a petition to potentially going to court, and help you understand the best course of action for your specific circumstances.

Texas Child Custody FAQs

Parents in Austin and throughout Texas often ask important questions about child custody. Below are our honest answers:

Can parents negotiate their own custody agreements in Texas?

Yes, Texas law allows parents to negotiate their own child custody arrangements. Parents can meet and plan out child custody matters through mediation, where a family lawyer helps them develop a parenting plan. Once they reach a mutual agreement, it is signed and submitted to the court for approval.

The court’s primary consideration is the best interest of the child. This means that if the agreed-upon terms are deemed insufficient, a judge can reject the agreement. As such, it is important to work with a lawyer who understands the Texas child support guidelines.

What happens if two parents cannot agree on custody?

When parents cannot reach a custody agreement in Texas, the court will decide custody based on the child’s best interests. The judge considers factors such as:

  • A parent’s role before the divorce, such as supporting the child
  • A parent’s mental health
  • The relationship between a parent and a child
  • The child’s preference if they are over 12 years old

While children over 12 years can express their wish, it is up to the court to make the final decision. Our lawyers, extensively experienced in family law matters, can help you achieve a better outcome in such a situation.

How can I change an existing parenting plan?

To alter an existing parenting plan, you must demonstrate why changes are necessary and that they will not harm the child’s best interests. Essentially, you must prove significant changes occurred that affect the child, such as:

  • Parental relocation
  • Abuse or neglect
  • Unsafe living conditions
  • Substance abuse
  • Parental incapacity
  • Change in the child’s needs
  • Job loss

After the review, your lawyer can take you through the process and submit an agreed upon modification for court approval. Our attorneys will guide you in presenting a persuasive case to help you effectively modify an existing parenting plan.

Contact An Experienced Child Custody Lawyer In Austin, Texas

When choosing an Austin divorce lawyer to represent the best interests of your children, you need a child custody attorney with both exceptional negotiation skills and extensive litigation experience. Our lawyers at Powers Kerr & Rashidi, PLLC, rely on seven decades of combined experience to help ensure that your children are protected during the litigation process and beyond. Contact our firm today at 512-593-7560 to work with our child custody attorneys and establish the best possible future for you and your children.