Rollingwood Child Custody Lawyer

Child Custody Attorney in Rollingwood, TX

During a child custody battle, you need someone on your side protecting your relationship with your child. At the Law Office of Ben Carrasco, PLLC, a Rollingwood child custody lawyer can fight to ensure your parental rights are fully represented. Child custody laws focus on what is appropriate for your child, but sometimes you need an advocate fighting for you and your position.

The attorneys at the Law Office of Ben Carrasco, PLLC, understand how difficult custody battles can be and are here to provide compassionate legal counsel to parents in contested custody cases. Whether your custody battle is part of a divorce or a separate issue, we are dedicated to designing parenting plans parents can actually use.

Texas Child Custody Laws

In Texas, child custody is called conservatorship. Texas Family Code § 153.002 states that the court shall render an order that is in the best interest of the child. This means that whether you are requesting a new custody order or asking the court to modify an existing order, the judge will look at what is most beneficial for your child.

The conservatorship system involves two main components: decision-making authority and the legal right of possession. Decision-making refers to who has the right to make decisions for the child. This includes decisions about the child’s education, medical needs, and psychological care. Possession determines when the child will live with or spend time with each parent.

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A Child’s Best Interest

Typically, the court will presume that it is in the child’s best interest for both parents to be involved in the child’s life. However, this does not always mean that the child will spend equal time with both parents. Various factors influence the custody order that is ultimately decided by the court.

Approximately one in four children under 21 in 2022 had only one parent, with the other adult living somewhere else. 22.2 million children in 2022 had one parent who was not at home. This amounts to 27.1% of all children under 21 who reside in homes.

Factors Considered During a Child Custody Case

When determining whether a proposed child custody arrangement is in a child’s best interests, judges consider numerous factors. The judges are not looking at who makes more money. Instead, they review the parents’ schedules and home lives to determine who can provide stable and consistent care for the child.

Courts will look closely at each parent’s involvement in the child’s life, including their education and medical care. Judges want to ensure that the child will continue to have two parents who are capable of making important decisions in their life. They will look at:

• Each parent’s home environment
• Each parent’s ability to co-parent with the other
• The child’s emotional needs
• The child’s physical needs

If there is a history of violence, substance abuse, or neglect in the family, the courts will take that into consideration as well. In Rollingwood child custody cases, judges will also consider commute times to and from each parent’s home, schools in the area, and the practicality of the parenting schedule given each parent’s work schedule.

Different Types of Child Custody in Texas

There are different types of conservatorship in Texas. Parents can either be named joint managing conservators, or one parent can be named the sole managing conservator. The non-primary parent is referred to as the possessory conservator.

Just as there are different types of conservatorship, there are different types of possession schedules. Some parents follow the state’s Standard Possession Order. Other parents will require a customized possession schedule. Non-standard schedules are common when children are younger, have special needs, or require special accommodations.

Developing a Parenting Plan

A parenting plan is how parents will divide their time and responsibilities with their child. Texas has specific requirements for a parenting plan, but you should also consider other details when crafting your plan. A strong parenting plan should include the following: 

• Who will take regular care/possession of the child
• Holiday schedule
• Summer schedule
• Transportation outline
• Communication methods

It should also address how parents will handle disagreements and make future decisions for their child. By taking the time to carefully develop a parenting plan, you can provide your children with stability during an otherwise chaotic time. Failure to plan for the future could lead to small disagreements turning into major legal battles.

Modifying a Child Custody Order

As life changes, your custody order should too. You can request that the court modify your child custody agreement if there has been a material and substantial change in circumstances since the last order was put in place. You must also prove that changing the order is in the best interest of the child. Reasons for a modification include:

• Changing needs of the child
• A change in one parent’s work schedule
• New job
• Relocation
• The occurrence of substance abuse or family violence

Because of this, it is important to thoroughly prepare your case if you are requesting a modification to your custody order. The court does not take these requests lightly and wants to ensure that the child’s stable life will not be disrupted.

Why Hire a Child Custody Lawyer

Child custody decisions can impact you and your children for years to come. When you hire a child custody lawyer, you receive representation both to defend your parental rights and fight for your desired outcomes in court. An attorney can understand how Texas child custody laws are applied by judges and what evidence is needed to support your position.

A Rollingwood child custody attorney is especially important if your case is contested or if the other parent has legal counsel. Without legal counsel, you could make mistakes that negatively affect your custody case. Once these mistakes are made, they are difficult to correct.

About the Law Office of Ben Carrasco, PLLC

The attorneys at the Law Office of Ben Carrasco, PLLC, concentrate solely on family law. We represent our clients in high-conflict, complex custody battles throughout the Austin area.

Most child custody cases for Rollingwood residents will be heard in the Travis County family courts. Unless your case is assigned to a different county, you will have your hearings at the Travis County Civil and Family Courts Facility, 1700 Guadalupe Street, Austin, TX 78701.

We understand local laws and how they affect your case. We can fight for your future and your child’s future. Contact us today for a consultation.