Call Us Today512-320-9126
Navigating a child custody dispute is one of the most emotionally charged and legally complex challenges a parent can face. Your relationship with your child and the case outcome can significantly impact your family’s future. With such high stakes, having a skilled Austin child custody lawyer by your side is essential.
Attorney Ben Carrasco brings extensive experience in Texas family law and a reputation for crafting customized, strategic legal solutions. Whether you’re preparing for an initial custody case or facing a post-divorce modification, Ben’s deep understanding of conservatorship law, trial advocacy, and negotiation ensures that your rights—and your child’s best interests—remain protected every step of the way.
Contact the Law Office of Ben Carrasco to schedule a confidential consultation to discuss your case and learn how we can help safeguard your parental rights.
Custody litigation demands more than general legal knowledge—it requires a deep understanding of Texas conservatorship law, courtroom experience, and the ability to develop tailored strategies.
Ben Carrasco is a Stanford-educated child custody lawyer board-certified in family law. He understands that there is no one-size-fits-all approach to child custody and tailors his strategy to each unique situation.
Ben handles the full spectrum of custody issues:
What distinguishes Ben is his rare combination of strategic negotiation skills and trial-tested advocacy. He prepares every case with precision, understanding that courtroom credibility can determine a judge’s ruling.
Ben believes in advocating aggressively but fairly. He speaks to clients transparently and honestly about the viability of their cases and works overtime to pursue the most favorable possible outcome.
If your relationship with your child is on the line, trust your case to a child custody lawyer in Austin who blends elite credentials with years of experience in Texas custody courts.
CALL US TODAY
512-320-9126
In Texas, “custody” is legally referred to as conservatorship. Under the Texas Family Code, a conservator is a person—typically a parent—with court-ordered rights and duties regarding a child’s care, control, protection, and upbringing.
Conservatorship determines who makes decisions for the child and how parenting time is allocated. Texas law outlines several types of conservatorship arrangements, each carrying different levels of authority and involvement.
A Joint Managing Conservatorship (JMC) is the default arrangement in Texas and is presumed to be in the child’s best interest under Texas Family Code § 153.131(b). In a JMC, both parents share in the major rights and duties of parenting, particularly decisions related to the child’s education and healthcare.
A Joint Managing Conservatorship does not necessarily mean equal possession, identical rights, or 50/50 joint custody in Texas. Courts often allocate specific rights exclusively to one parent or require a joint agreement before exercising certain decisions.
A parent granted Sole Managing Conservatorship (SMC) has the exclusive right to make critical decisions regarding the child, including determining the child’s primary residence, consenting to invasive medical treatment, and managing educational decisions.
Texas courts may award SMC when the other parent has a history of:
When SMC is ordered, the non-custodial parent may still be named a possessory conservator.
A Possessory Conservator retains the right to spend time with the child (visitation or possession) but lacks the primary decision-making authority granted to a managing conservator.
This arrangement commonly arises when one parent is named the sole managing conservator. The possessory conservator’s rights are typically limited but still enforceable. These rights may include receiving information about the child’s health, education, and welfare.
Although Texas law favors joint managing conservatorship, this presumption can be rebutted by clear and convincing evidence that a joint arrangement would “significantly impair the child’s physical health or emotional development.” Courts evaluate this based on specific facts, including parental conflict, abuse, or neglect.
This legal standard is rooted in both statutory law and precedent, including the seminal case of Holley v. Adams, which outlines the best interest factors courts must consider in determining a child’s best interests..
Texas courts are guided by the best interest of the child standard when making conservatorship and possession decisions. This framework ensures that the child’s physical, emotional, and developmental needs remain the court’s top priority.
Key factors judges evaluate include:
The court examines the living environment, including safety, cleanliness, and consistency.
The parent who has historically handled day-to-day responsibilities such as schooling, meals, and medical appointments may be favored.
Mental health diagnoses, medical conditions, or substance abuse issues can influence outcomes.
Courts consider whether the child would benefit from maintaining close relationships with siblings and extended family.
Preserving the child’s current school, friendships, and community ties can weigh heavily in close cases.
Each custody case is unique. The court evaluates these and other factors holistically, often with input from psychological evaluations, guardian ad litem, or child custody evaluators.
Child custody disputes in Texas arise under a range of circumstances, including divorce, separation, or between unmarried parents. Each scenario carries distinct legal challenges, and success requires a strategy grounded in the Texas Family Code and local court practices.
When custody disputes involve serious allegations—such as abuse, mental health instability, or parental alienation—the court may appoint a neutral third party, like a custody evaluator or amicus attorney, under Texas Family Code § 107.101. These professionals assess the family dynamic and report findings to the judge. Board-certified attorney Ben Carrasco has extensive experience navigating contentious litigation and advocating for protective measures when a child’s safety is at stake.
Custody orders are not permanent. If a material and substantial change in circumstances occurs, such as relocation, substance abuse, or a parent’s noncompliance, you can seek a modification under Texas Family Code § 156.101. The burden is on the moving party to show that the change affects the child’s best interest. In a city where 18% of the population is under 18, these cases are far from uncommon. Common reasons someone may seek a modification include:
Anyone seeking a modification can work with an attorney to gather the necessary documentation and evidence. After a modification request is filed, the case proceeds through the same court that issued the original custody order. In Austin, these cases are typically heard at the Travis County Civil and Family Courts Facility, which is located at 1700 Guadalupe Street.
In Austin, 24% of households are single-parent homes headed by either fathers or mothers. The family courts in Texas do not favor one gender over the other. Fathers have the same legal rights as mothers when it comes to custody, visitation, and decision-making for their children.
Rather than focusing on gender, the courts consider the child’s interests and each parent’s ability to provide stability and meet the needs of their child. Fathers have the right to seek conservatorship, parenting time, and a meaningful role in major decisions about education, medical care, and upbringing.
Many fathers are deeply involved in their children’s lives before and after divorce, and courts expect that involvement to continue when it benefits the child. Judges look closely at past caregiving roles, consistency, and willingness to cooperate with the other parent. Fathers who actively participate in school, healthcare, and daily routines are well-positioned to assert their parental rights.
Fathers also have the right to challenge unfair schedules, request modifications when circumstances change, and present evidence in court. Clear documentation, compliance with existing orders, and a child-focused approach often carry significant weight. Family court outcomes are shaped by conduct and credibility, not gender.
Fathers can protect their parental rights by taking deliberate, consistent steps from the outset of a case. It is important to remember that any missteps you take could compromise your case, so comply with all court orders. Even if the other parent is violating your visitation rights, you do not have the right to disobey the current custody agreement.
The courts may look at how you’ve met your support obligations, followed the custody schedule, and communicated with the other parent. Gathering the right documentation can be a critical step. Fathers should keep detailed records of parenting time, school involvement, medical appointments, and daily caregiving responsibilities. Written communication with the other parent should remain calm and factual. The courts could review those messages.
Active involvement matters. Fathers who attend school events, participate in medical decisions, and maintain a steady presence in their child’s routine are better positioned to argue for expanded rights or shared custody. If there are concerns about safety, interference with visitation, or repeated violations of court orders, addressing those issues should be a top priority.
Fathers may face false accusations. Allegations may be related to child abuse, neglect, or abandonment. The other parent may accuse the father of drinking excessively or using drugs. The standards for determining fault in family court are lower than those used in criminal court.
Family court decisions are based on a civil burden of proof, which means a judge weighs whether it is more likely than not that something occurred. Criminal cases require proof beyond a reasonable doubt, a much higher threshold. If you have been falsely accused in court or mischaracterized, you can work with the Law Office of Ben Carrasco, PLLC, to protect your rights and interests.
With an annual divorce rate of 2.1 per 1,000 people, Texas sees many marriages come to an end through the formal court process. Many of those cases involve one or more children. Whether you are going through a custody case or seeking a modification to an existing court order, you can rely on the support of an Austin child custody attorney to provide you with the support and services you need.
When you hire a child custody lawyer, you benefit from their understanding of child custody laws and how to manage your child custody case. Your attorney can take the time to explain the custody process and potential outcomes of your case. After carefully listening to your goals and concerns, they can tailor the right strategy to your case.
At every step, your lawyer can protect your rights and interests. Legal representation can protect you from false accusations and help you stay one step ahead of the other parent, so you are not caught off guard. During a challenging period, having strong representation can position you for a positive outcome to your case that achieves your goals and protects the time you spend with your child.
For unmarried parents, conservatorship rights hinge on establishing legal paternity—either voluntarily or through court order under Texas Family Code § 160.301. Once paternity is confirmed, the court can allocate rights and duties just as in a divorce, including conservatorship, possession, and child support.
When a child faces immediate danger—from abuse, neglect, or family violence—the court may grant emergency custody or a protective order under Texas Family Code § 83.001. These orders can be obtained ex parte (without notice to the other party) but must later be justified at a full hearing.
Texas courts frequently impose geographic restrictions limiting where the primary parent can move with the child, usually to preserve frequent access for both parents. To lift this restriction, the relocating parent must prove that the move serves the child’s best interest, which is often a difficult legal hurdle.
Each of the above disputes involves specific statutory standards and evidentiary requirements. A skilled custody attorney like Ben Carrasco can see that these complexities are addressed with precision.
Custody orders issued by a Texas court allocate rights enumerated under § 153.132 of the Texas Family Code. These rights vary based on whether parents are joint or sole managing conservators. If the parties are named joint managing conservators, these rights are typically exercised “jointly,” meaning the parents must agree on the decision.
However, when both parents are joint managing conservators, the court will award one parent the exclusive right to designate the child’s primary residence. The parent awarded this right is considered the “primary” custodial parent. The primary parent is typically awarded the exclusive right to receive child support, but not always.
Conservators may be granted the right to:
A parent, whether appointed a possessory or joint managing conservator, has certain fundamental rights and duties during his/her periods of possession of the child, including:
In Joint Managing Conservatorships, rights may be exercised independently, jointly, or exclusively by one parent, depending on the court’s order. Even possessory conservators, while not decision-makers, maintain enforceable visitation rights under Texas law. Failure to comply with these responsibilities can result in enforcement actions, including contempt proceedings. If you are struggling to navigate the intricacies of visitation rights in Texas, joint custody in Texas, or other Texas custody arrangements, don’t hesitate to contact the Law Office of Ben Carrasco. Contact Ben Carrasco
Successfully pursuing a favorable custody arrangement requires strategic preparation and clear evidence demonstrating your fitness as a parent and your commitment to the child’s well-being.Texas courts evaluate custody based on what serves the child’s best interest. Parents must present a clear, compelling case grounded in evidence and aligned with statutory standards, including the Holley v. Adams factors.
Keep detailed records showing involvement in school, medical care, and extracurricular activities.
Teachers, counselors, and relatives can testify about your parenting abilities and the child’s needs.
Psychological or custody evaluations can carry weight, especially in contested cases.
Judges appreciate practical plans that address possession, holidays, decision-making, and dispute resolution.
Texts and emails can make or break a custody case. Identify correspondence that showcases your role as the primary parent or the other party’s deficiencies as a co-parent, including a history of abusive communication. Social media profiles–such as Facebook and Instagram–can also be a treasure trove of evidence. Take screenshots of any inappropriate posts, unhinged online or offline behavior, and pictures or videos they’ve shared while under the influence of drugs or alcohol before the other side shuts down their account.
Even if you aim to settle, your preparation should assume litigation. Ben Carrasco’s trial expertise gives clients a courtroom edge when mediation fails.Custody disputes are fact-intensive. A persuasive legal presentation tailored to the court’s expectations is critical. You don’t want just any lawyer on your side. You need the seasoned expertise of an experienced Austin family law lawyer like Ben Carrasco. Contact Ben Carrasco
Texas law allows for changes to custody orders when the original arrangement no longer serves the child’s best interest. Under Texas Family Code § 156.101, you can file a modification if there has been a material and substantial change in circumstances.
Common Grounds for Modification
Enforcing Custody Orders
If a parent disobeys the order by withholding the child, interfering with access, or violating possession terms, you can seek enforcement through contempt proceedings. Courts may impose penalties including:
Fast, well-documented legal action is key to protecting your rights and your child’s well-being. Whether you’re seeking to modify your arrangement or enforce your rights, team up with an experienced Austin family law lawyer who can protect your rights as a parent. Contact Ben
CALL US TODAY
512-320-9126Custody litigation costs vary widely depending on case complexity, whether a trial is necessary, and the attorney’s credentials. Most Texas custody lawyers charge by the hour, with retainers typically ranging from $5,000 to $15,000.
As a board-certified Austin child custody attorney, Ben Carrasco offers transparent billing practices and tailors legal strategy to the scope of your case. Contact the Law Office of Ben Carrasco for more information about your unique case.
Yes. Texas law does not favor mothers over fathers. Courts award primary conservatorship to either parent based on the child’s best interest. Fathers are evaluated based on the same “best interest” factors as mothers. If you are a father and the child’s primary caregiver or can demonstrate that the mother has a history of abuse, neglect, instability, or other conduct that compromises the child’s welfare, you could be given primary custody.
Not by default. Texas courts can approve equal possession schedules, but there is no presumption of 50/50 custody. Instead, the presumption is in favor of the expanded standard possession schedule (ESPO), which awards the primary parent approximately 56% of the possession time. The guiding principle remains the child’s best interests, evaluated in light of factors such as parental fitness, stability, and prior caregiving roles.
A parenting plan is a detailed written proposal that outlines how parents will share rights and duties, coordinate possession schedules, allocate holidays, and manage decision-making. If parents cannot agree on a parenting plan, the Court will determine its terms.
Judges assess the Holley v. Adams factors and other statutory criteria, including:
Each custody case is fact-specific, and no single factor is determinative.
Violations—such as withholding the child, denying visitation, or failing to return the child on time—can lead to enforcement actions, including contempt proceedings. Texas courts may impose fines, compensatory time, or even jail time for repeated noncompliance. Prompt documentation and legal action are critical to protecting your rights.
If you are facing a child custody dispute or anticipate one on the horizon, now is the time to secure skilled legal counsel. Austin child custody lawyer Ben Carrasco provides strategic, personalized representation, rooted in years of experience navigating Texas conservatorship matters.
Whether your case involves joint custody, modifications, emergency proceedings, or high-conflict litigation, you deserve an advocate who understands the law and prioritizes your family’s interests. Once you schedule your initial consultation, we can discuss your case at length. We take the time to learn about our clients because details matter in custody cases.
Our law firm proudly serves clients in Tarrytown, Zilker, Mueller, Hyde Park, and other areas of Austin. Don’t delay securing the high-quality representation your case deserves. Contact the Law Office of Ben Carrasco, PLLC, today.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
"*" indicates required fields
Call Us Today
512-320-9126
© Copyright 2026 The Law Office of Ben Carrasco, PLLC• All Rights Reserved. Disclaimer | Site Map | Privacy Policy. Digital Marketing By: 
