Georgetown Child Custody Lawyer

Child Custody Attorney in Georgetown, TX

When your relationship with your child is on the line, partnering with an experienced Georgetown child custody lawyer is key. Child custody battles are some of the most stressful and complex family law issues, especially when parents cannot agree on who gets to make major decisions for their child, a possession schedule, or where the child should primarily reside.

There are many nuances to Texas child custody laws and how they’re applied in Williamson County. Knowing how the law applies to your child custody case can impact the outcome.

Child Custody Laws in Georgetown

Texas Family Code does not recognize custody as a legal term. Instead, lawmakers use the terms conservatorship, possession, and access. Three chapters in Title 5 of the Texas Family Code govern conservatorship, possession, and access issues. Texas law states that the best interest of the child is the primary standard applied to every issue relating to conservatorship.

Parents are typically awarded joint managing conservatorship status unless there is evidence to suggest that such an arrangement would be detrimental to the child’s best interest. A joint conservatorship does not mean that each parent will have equal possession of the child.

In some circumstances, one parent has the exclusive right to determine where a child resides, while both parents have the right to make decisions regarding their child’s education, health, and other matters. A Georgetown child custody attorney at the Law Office of Ben Carrasco, PLLC, knows how to present all evidence and arguments through this framework while tailoring arguments to each family’s specific needs.

Types of Child Custody

Texas has a marriage rate of 5.8 per 1,000 people, according to the CDC. There were 2.1 divorces per 1,000 people. The significance of custody decisions is further shown by the fertility rate, which is 60.6 births per 1,000 women aged 15 to 44.

Child custody orders can come in many forms. Some parents follow the standard possession order, while others need modified possession schedules to accommodate their work or their child’s school schedules, or long-distance parenting agreements. The custody order could grant one parent:

• Sole managing conservatorship
• Joint conservatorship with unequal rights
• Modified possession schedule

When parents can’t agree, some of the most common contested issues include who should have the right to make major decisions, how to split holiday time, and whether to apply geographic restrictions to the parenting plan. A well-drafted custody order minimizes gray areas to help prevent future conflict and ongoing court involvement.

Contested Child Custody Cases

When parents cannot agree on major issues such as where a child will primarily live, who makes major decisions, or access to the child due to allegations of parental alienation or substance abuse, the child custody case is deemed contested. Custody battles can arise when one parent wants to change the child’s school, denies the other parent their parenting time, or consistently speaks negatively about the other parent to the child.

If one parent believes they should have more parenting time than the other parent and they cannot reach an agreement, they will have to present evidence to the court supporting their claim. Contested issues often require additional input from witnesses and/or professionals.

The Best Interest of the Child

When making determinations regarding conservatorship and possession, judges consider a variety of factors. These factors include:

• Which parent is likely to foster a healthy environment
• Claims of abuse, neglect, or malnutrition
• Substance abuse, if any, in either parent
• Which parent will foster a healthy relationship with the other parent
• Each parent’s parental abilities
• Each parent’s involvement in the child’s life, including extracurriculars, school, and medical care

Older children may be able to sign an affidavit expressing their living preferences. A judge is not obligated to grant the child’s wishes, but they will consider them when weighing all other factors.

Getting a Modification for an Existing Order

Circumstances change, and sometimes parents need to modify existing custody orders. According to Texas Family Code § 156.101, if the circumstances of the child, a parent, or another person affected by the order have materially and substantially changed, a parent may request a modification of the order.

Parents can request to modify conservatorship, possession schedules, or child support. The most common reasons parents seek to modify custody orders include relocation, changes in work schedule, or remarriage. Sometimes parents seek to restrict the other parent’s access to the child due to safety concerns. Modifications can be contested in the same manner as the original custody order.

Hire a Child Custody Lawyer

Speak with a child custody lawyer before you agree to informal orders or temporary orders that limit your parenting time in the future. Parenting time decisions made during temporary hearings can set the tone for the rest of your case. You lose leverage and options the longer you wait to hire a child custody lawyer.

At the Law Office of Ben Carrasco, PLLC, we begin working with clients to devise a custody strategy from the moment they contact us. From day one, we focus on how to position you with documentation and legal strategy to protect your parental rights and structure a parenting plan that is in your child’s best interest both today and in the future.

Local Considerations

In Georgetown, TX, custody battles are heard at the Williamson County Justice Center located at 405 Martin Luther King Street, Georgetown, TX 78626. Like all judges, judges in Williamson County expect parents to come to court prepared with well-organized evidence and a working knowledge of Texas child custody laws.

As local family law attorneys, we know how judges in Williamson County handle temporary orders, contested custody disputes, and final hearings. Local experience makes all the difference.

About the Law Office of Ben Carrasco, PLLC

The attorneys at the Law Office of Ben Carrasco, PLLC, practice exclusively in family law, specifically high-conflict divorce and contested custody battles. Board Certified in Family Law by the Texas Board of Legal Specialization, Ben Carrasco provides clients with access to experienced legal counsel when they need it most.

Ben graduated from Stanford University before earning his law degree from the University of Texas School of Law. After law school, he worked for premier family law firms in Austin, refining his litigation skills. Ben has been personally impacted by his family’s history with the family law system and takes pride in providing compassionate representation.

Contact Us Today

If you need a solid parenting plan that recognizes and implements your child’s best interests, the Law Office of Ben Carrasco, PLLC can help. Contact us today for a consultation.