Dripping Springs Child Custody Lawyer

Child Custody Attorney in Dripping Springs, TX

Your relationship with your child is too important to leave up to chance. A Dripping Springs child custody lawyer can help you meaningfully improve the outcome of your case when parents are fighting over where their child lives, who has the right to make important decisions, or how parenting time is divided.

Child custody battles in Texas can be highly emotional and complicated. Make sure you know how your rights are protected by speaking with someone who knows Texas child custody laws and how they apply in Hays County.

Child Custody Laws in Texas

Approximately one in four children under 21 lived with only one parent in 2022, with the other adult living outside the home. Approximately 22.2 million children had one parent living away from home in 2022.

The Texas Family Code uses the terms conservatorship, possession, and access instead of custody when addressing child custody matters. Regardless of the labels involved, however, every child custody case is decided according to the best interest of the child.

By default, courts presume that it’s in the child’s best interest to appoint both parents as joint managing conservators. Joint conservatorship does not necessarily mean equal time with the child. One parent is often named the exclusive decision-maker for the child’s primary residence, while other rights and responsibilities may be reserved to one parent or divided between the two.

Understanding the Best Interests of the Child

If you’re going through a child custody case in Texas, you need to know about the best interests of the child standard. Every child custody case is decided based on this single issue. Texas law states that the best interests of the child require courts to consider all factors affecting the child’s physical, emotional, and mental needs.

Courts consider each parent’s ability to meet the child’s needs, both now and in the future, when determining the child’s best interests. There is no single factor or checklist that applies to every case.

Judges look at all of the evidence presented and make a decision based on the entirety of the child’s circumstances. This often includes each parent’s ability to provide stability for the child and each parent’s relationship with the child. Another important element to consider is each parent’s ability and willingness to foster a relationship between the child and the other parent.

Courts may consider a child’s wishes, if the child is 12 years of age or older, in determining the child’s best interests in some cases. The child’s preference is only one factor and doesn’t determine best interests.

How Child Custody Is Determined

As mentioned earlier, Texas courts don’t award custody. Instead, they decide on conservatorship, possession, and access. Conservatorship determines parental rights and decision-making power. Possession and access dictate parenting time schedules. Most parents are awarded joint managing conservatorship, which means they share rights and responsibilities for the child.

Usually, one parent is awarded exclusive rights to determine the child’s primary residence, subject to a geographic restriction. In high-conflict cases involving safety concerns, one parent may be named the sole managing conservator. Cases can be settled through negotiation, mediation, or litigation. If parents reach an agreement, the judge will typically sign it, provided it’s in the child’s best interest.

If parents can’t agree, judges make custody decisions based on evidence, testimony, and Texas child custody laws. Courts often issue temporary orders shortly after a case begins. These temporary orders can significantly influence the case’s outcome by establishing legal custody and visitation schedules while the case is pending. As such, it’s important to be prepared for your case as early as possible.

When to Request a Modification

The courts understand that circumstances may change that may warrant a modification of an existing child custody order. To succeed in your modification request, you must prove there has been a material and substantial change in circumstances since the last custody order was entered. Modifications can also be requested if they are the right option for the child’s safety and well-being. Common reasons to request a change include:

• Neglect
• Drug or excessive alcohol use
• Unsafe living conditions
• One parent loses a job
• One parent gets a new job that affects custody time
• Changing work schedule
• A change in the child’s needs
• Relocation
• Remarriage

The parent requesting the modification must prove that the circumstances have changed since the previous order was issued.

Why Hire a Child Custody Lawyer

You should consider hiring a lawyer whenever your parental rights or your child’s stability are on the line. Child custody cases can be complicated and emotionally charged. A Dripping Springs child custody attorney can evaluate your child custody case, help you understand your legal options, and guide you through the process. They can help gather evidence, present your position to the court, and work toward the greatest possible outcome.

Legal counsel is strongly recommended if you’re facing a contested case or your ex is alleging misconduct. You should also hire a child custody lawyer if you don’t feel comfortable negotiating on your own behalf or drafting your own court documents.

An experienced lawyer can help ensure court orders are properly drafted and enforceable. This is extremely important when children are involved. You don’t want your child custody order to be confusing or leave room for conflict after the judge signs it.

About the Law Office of Ben Carrasco, PLLC

At the Law Office of Ben Carrasco, PLLC, we focus exclusively on family; law. We represent parents during child custody disputes at the Hays County District Courts in San Marcos and serve clients throughout Hays County, including Dripping Springs, Kyle, Buda, Bee Cave, and CG Hill.

Ben Carrasco is Board Certified in Family Law by the Texas Board of Legal Specialization. His comprehensive legal and personal experience with family law issues enables him to guide clients through their legal options.

Contact the Law Office of Ben Carrasco, PLLC

Child custody is one of the most important and emotionally charged family law issues. At the Law Office of Ben Carrasco, PLLC, we understand how serious these issues are and work hard to fight for your child’s best interests. Contact us today for a consultation.