Pflugerville Child Custody Lawyer

Top Rated Child Custody Attorney in Pflugerville, TX

Family court matters are never easy, but custody battles are often the most mentally and emotionally taxing. When you’re going through a child custody case, you want an experienced attorney who can offer compassionate guidance while aggressively defending your rights and pursuing an agreement that’s in the best interests of your child. A Pflugerville child custody lawyer from the Law Office of Ben Carrasco, PLLC, can be your trusted ally throughout the legal process.

Hire a Child Custody Lawyer

At the Law Office of Ben Carrasco, PLLC, we work closely with our clients to understand their goals and create a legal strategy to help achieve them. From the moment we take your case, we get to work preparing for trial, even if that never becomes necessary. This gives us leverage during negotiations and mediation, as it means we’re prepared to walk away from the table if we cannot secure a fair custody agreement for our clients.

Throughout your case, we never lose sight of the true goal: creating an agreement that’s in your child’s best interests. Attorney Ben Carrasco is a straight talker. He’ll explain your options and meet your expectations. Providing you with consistent honesty, he can help you understand the realities of your situation and be there with you. When it comes to child custody cases, you want a Pflugerville child custody attorney who prioritizes doing what’s right for you and your family.

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Understanding Child Custody in Texas

In Texas, child custody is legally referred to as conservatorship. Rather than simply deciding which parent the child lives with, courts focus on each parent’s responsibilities and rights to create an agreement that’s in the child’s best interests. There are two main types of conservatorships:

• Joint managing conservatorship. This is the most common type of custody arrangement, where parents share a level of decision-making powers. The court may give one parent the final say in certain situations if the parents cannot reach an agreement.
• Sole managing conservatorship. If there are concerns about a parent’s fitness or ability to provide a safe environment for their child, the court may award one parent sole managing conservatorship over the child. The non-custodial parent may still get visitation rights but loses the right to make decisions over the child’s life.

How Texas Courts Decide Child Custody

Texas law seeks settlements in the best interests of the child standard when deciding on custody, as outlined in Texas Family Code § 153.002. The court considers:

• The child’s relationship with each parent
• Each parent’s ability to provide a safe living environment for the child
• The role each parent played in the child’s upbringing prior to the custody case
• The behavior of each parent toward the child and the other parent during the proceedings
• The child’s health and education needs
• The child’s physical and emotional needs
• The locations of each parent’s home in relation to the child’s school, activities, and friends

If the child is old enough, the court may also consider their preference. If there are allegations or a history of abuse or crime, this weighs heavily on the court’s decision. Examples include:

• Domestic violence
• Substance abuse
• Child abuse
• Child neglect
• Absence or abandonment

If any of these situations are present, the other parent should be assigned as the sole managing conservator of the child. In most situations, however, joint managing conservatorships are deemed to be in children’s best interests. In these cases, the primary managing conservator is the parent who maintains physical custody at the child’s primary residence.

Visitation Rights of the Non-Custodial Parent

The non-custodial parent usually retains visitation rights, meaning that they should be provided with access to the child according to the terms set out in the parenting plan. If you and the child’s other parent do not submit your own parenting plan in a child custody case, the court must create one. It should include a visitation schedule.

Modifying Custody Orders

When there are significant changes in a parent’s or child’s situation, you can petition the court to modify an existing custody order. In Texas, 64,464 of the family law cases filed in 2024 were for post-judgment modification or enforcement, including modifications of child custody orders. Significant changes can include:

• Relocation of a parent
• Changes in the child’s needs
• A parent’s ability to care for the child
• Concerns about safety
• Failure to follow the existing order

If you believe there have been significant changes in circumstances that justify a modification to an existing custody order, consult a family law attorney to discuss your options.

Enforcing Custody Orders

If your child’s other parent is not respecting your visitation rights or has otherwise failed to follow an existing child custody order, you can work with a child custody lawyer to make sure they do. They can file a Motion to Enforce at the Travis County Civil & Family Courts Facility and provide you with representation during the subsequent court hearing. Legal remedies can include:

• Make-up visitation
• Clarification of the order
• Civil or criminal contempt

If you think your co-parent has violated your visitation or custody rights, contact a lawyer right away to get this process started.

How a Lawyer Can Help With Your Child Custody Case

Whether you’ve already decided on a child custody arrangement with the child’s other parent or you’re anticipating a serious custody battle, you can benefit from working with a child custody attorney. Your lawyer can:

• Handle paperwork. Court deadlines and paperwork requirements in custody hearings are very strict. Experienced lawyers make sure that all motions and documentation are filed completely and on time to avoid a case dismissal.
• Provide objective advice. Custody disputes are often high-conflict, and emotions can easily get in the way. An attorney can provide an objective, strategic perspective so that those emotions don’t jeopardize your case.
• Level the playing field. If you’re embroiled in a custody battle, the chances are good that your co-parent has already hired legal counsel. Having your own attorney can level the playing field to make sure you’re not at a disadvantage if the case goes to trial.
• Deal with complexities. If your case involves relocating a child or crosses state lines, it’s even more important that you work with a skilled child custody attorney who can help you navigate the legal complexities of your case.
• Protect your child. If you suspect that your child could be in danger or facing neglect, your attorney can act immediately to secure a restraining order and take the other steps necessary to protect your child.
• Protect your parental rights. While your top priority should be making sure that your child is safe, comfortable, and happy, it’s also important to protect your parental rights throughout the child custody dispute.

Whether you anticipate a serious dispute or you think your child’s other parent may be amenable to negotiation, you should hire a child custody attorney as early in this process as possible. Your lawyer can help you avoid common mistakes and protect your child’s best interests and your parental rights throughout the entire legal process.

FAQs

How Much Does a Lawyer Cost for Child Custody in Texas?

How much a lawyer costs for child custody in Texas varies based on their experience, the complexities of your case, and even your co-parent’s willingness to cooperate. Providing your attorney with the unique details of your case can generate a fair estimate of the costs you could incur. They can evaluate whether your case might settle through alternative dispute resolution methods or if it is at risk of litigation. 

What Is the Biggest Mistake in a Custody Battle?

The biggest mistake in a custody battle is letting your emotions get the better of you and affect your decisions. This is certainly an emotional time, but don’t give in to any desires to badmouth your co-parent, lie about them in court, or alienate them from your child. The court doesn’t take too kindly to any attempts to manipulate your child or the judge’s decision.

What Looks Bad in a Child Custody Case?

Some factors that look bad in a custody case include allegations or proof of abuse, recent criminal history, or signs of manipulation. The goal of the court in a custody case is to create a plan that’s in the child’s best interests. If the judge has any reason to believe a parent cannot provide a safe, nurturing environment for their child, they’re unlikely to receive custody, and they may not be awarded any parenting time at all.

What Does a Father Need to Get Full Custody in Texas?

To get full custody, a father needs to present evidence that being the custodial parent is in the child’s best interests. Despite about 90% of custodial parents in Texas being mothers, courts do not consider the gender of the parent when ruling on custody. Rather, judges must look at all the facts of the case to issue a ruling that serves the child’s best interests.

Pflugerville Child Custody Lawyer

When you’re in the middle of a custody battle, too much is at stake to work with an inexperienced, unproven lawyer. You want to hire a child custody lawyer with a long track record of success with cases like yours. An experienced attorney in Pflugerville can help you collect and present evidence of your fitness as a parent and argue why you being the custodial parent is in your child’s best interests.

Contact The Law Office of Ben Carrasco, PLLC, today to schedule a case review. We can explain how Texas’s child custody laws impact your case, highlight your options, and work with you to create a strong strategy for pursuing custody or visitation.