Austin Child Custody Lawyer
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.
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Contact The Law Office Of Ben Carrasco, PLLC
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.
Why Hire Ben Carrasco as Your Austin Child Custody Lawyer?
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 Austin child custody attorney 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:
High-conflict litigation involving abuse, mental health, or alienation
Emergency protective orders and temporary restraining orders
Post-divorce modifications and enforcement actions
Custody disputes involving unmarried parents
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 fighting hard but fairly. He speaks to clients transparently and honestly about the viability of their cases and works overtime to ensure the best 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.
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Understanding Child Custody in Texas
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.
Joint Managing Conservatorship (JMC)
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.
Sole Managing Conservatorship (SMC)
A parent granted Sole Managing Conservatorship (SMC) holds the exclusive right to make critical decisions regarding the child, such as 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:
- Family violence or child abuse (Texas Family Code § 153.004)
- Substance abuse
- Neglect
- Inability to cooperate in parenting
- Absence or disinterest in the child’s life
When SMC is ordered, the non-custodial parent may still be named a possessory conservator.
Possessory Conservatorship
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.
Rebutting the Presumption of Joint Conservatorship
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.
Factors Courts Consider in Custody Cases
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:
Stability of Each Parent’s Household
The court examines the living environment, including safety, cleanliness, and consistency.
Parental Involvement and Caregiving History
The parent who has historically handled day-to-day responsibilities such as schooling, meals, and medical appointments may be favored.
Emotional and Physical Health of the Parents
Mental health diagnoses, medical conditions, or substance abuse issues can influence outcomes.
Siblings and Family Dynamics
Courts consider whether the child would benefit from maintaining close relationships with siblings and extended family.
Educational and Community Continuity
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.
Types of Child Custody Disputes in Texas
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.
High-Conflict Custody Battles
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.
Post-Divorce Custody Modifications
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.
Non-Divorce Custody Disputes (Unmarried Parents)
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.
Emergency Custody and Protective Orders
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.
Relocation and Geographic Restrictions
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 ensures that those complexities are addressed with precision.
Legal Rights and Responsibilities in Texas Custody Arrangements
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, then these rights are typically exercised “jointly,” meaning the parents have to agree on the decision in question.
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.
Legal Rights Typically Assigned
Conservators may be granted the right to:
- Make decisions regarding the child’s education, medical care, and psychological treatment
- Determine the child’s primary residence (unless restricted by court order)
- Manage the estate of the child
- Maintain possession of the child’s passport
Rights and Duties During Periods of Possession
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:
- The right to consent to medical and dental care not involving an invasive procedure
- The right to direct the moral and religious upbringing of the child
- The duty of care, control, protection, and reasonable discipline of the child
- The duty to support the child, including providing the child with:
- Clothing
- Food
- Shelter
- Medical and dental care, not involving an invasive procedure
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.
Building a Strong Case for Custody
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.
Key Steps in Custody Preparation
1. Document Your Parenting Role
Keep detailed records showing involvement in school, medical care, and extracurricular activities.
2. Secure Credible Witnesses
Teachers, counselors, and relatives can testify about your parenting abilities and the child’s needs.
3. Leverage Expert Evaluations
Psychological or custody evaluations can carry weight, especially in contested cases.
4. Create a Thoughtful Parenting Plan
Judges appreciate practical plans that address possession, holidays, decision-making, and dispute resolution.
5. Gather Electronic Communication
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.
6. Be Trial-Ready
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 needed the seasoned expertise of an experienced Austin child custody lawyer like Ben Carrasco.
Custody Modifications and Enforcement
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
- One parent moves or changes employment in a way that impacts possession
- The child develops new needs or expresses a preference (age 12+ can confer some weight)
- New evidence of abuse, neglect, or instability
- Repeated violations of the existing court order
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:
- Fines
- Make-up visitation
- Jail time for egregious violations
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.
Frequently Asked Questions
How much does a child custody lawyer cost in Texas?
Custody litigation costs vary widely depending on case complexity, whether a trial is necessary, and the attorney’s credentials. Most Texas custody lawyers charge hourly, with retainers typically starting between $5,000 and $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.
Can fathers get full custody in Texas?
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 can win primary custody.
Is Texas a 50/50 custody state?
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 or ESPO, which awards the primary parent approximately 56% possession time. The guiding principle remains the child’s best interest, evaluated under factors such as parental fitness, stability, and prior caregiving roles.
What is a parenting plan?
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, then the Court will determine the terms of the plan.
What do judges look at when deciding custody in Texas?
Judges assess the Holley v. Adams factors and other statutory criteria, including:
- The child’s physical and emotional needs
- Each parent’s involvement and caregiving history
- Stability of the home environment
- Mental and physical health of the parents
- The child’s preferences (more of a factor in cases involving older children)
- Any history of family violence or abuse
Each custody case is fact-specific, and no single factor is determinative.
What happens if one parent violates the custody order?
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.
Client Testimonials
At the heart of every custody case is a family navigating profound change, and our clients’ experiences speak volumes about the care, diligence, and outcomes Austin child custody attorney Ben Carrasco consistently delivers.
To begin with, I strongly believe that 5 stars doesn’t do justice to the exceptional and professional service that Mr. Ben Carrasco provided during my divorce and Child custody case. He is simply the best divorce and custody attorney in Austin!
As a happy client, I highly recommend Ben to handle divorce and other aspects of family law. Ben is professional, organized, tough, and doesn’t waste time playing games. Honest with respect to all billing matters. I had a very good experience working with Ben and highly recommend him.
Ben gets things done when they need to be done, and as a client, I never felt like I didn’t come first.
Ben Carrasco’s approach combines legal precision with genuine compassion—two traits that clients consistently cite as reasons for recommending his services. Read the stories of more of Ben’s satisfied clients on our reviews page.
Schedule a Consultation with an Austin Child Custody Lawyer Today
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 attorney Ben Carrasco provides strategic, personalized representation rooted in years of experience navigating Texas conservatorship. 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 best interests.
Schedule A Confidential Consultation Today
Whether you are navigating divorce, child support, or other matters of family law, we know it can be difficult to discuss. We handle each conversation with the care and discretion it deserves. Let us help you move forward with clarity, strength, and legal support you can trust.