Round Rock Child Custody Lawyer

Child Custody Attorney in Round Rock, TX

Working with a skilled Round Rock child custody lawyer is one of the most important decisions you can make during a dispute over your children. Child custody matters are complex and emotionally charged. The result can impact your relationship with your child for years or decades to come. Take your custody case seriously by hiring a lawyer who can help you.

Understanding Child Custody Laws in Texas

In Texas, legal terms such as child custody and visitation are referred to as conservatorship. Conservatorship in Texas family law is divided into two parts: decision-making authority and possession and access. Conservatorship determines which parent has the right to make major decisions for a child. Possession and access determine when each parent will have the child in their care.

While judges ultimately decide custody based on what they believe is in a child’s best interest, Texas law provides some guidance. Under Texas Family Code § 153.002, judges must consider the child’s emotional and physical needs along with each parent’s ability to meet those needs, the stability of each parent’s home, past caregiving roles, and other factors relevant to the best interest of the child.

Texas strongly prefers that both parents remain actively involved in their children’s lives. However, this does not guarantee you will receive 50/50 parenting time. Every case is different, and results depend on the facts of your case and the quality of your legal representation.

Types of Child Custody in Texas

In a Texas child custody case, parents can be named joint managing conservators, or one parent can be named the sole managing conservator. The non-sole conservator is typically referred to as the possessory conservator.

Along with determining conservatorship, the parents’ child custody arrangement will also include a possession schedule. Most custody orders follow a Standard Possession Order, but judges have discretion to deviate from the standard schedule when the circumstances of the case call for it.

A child’s age, special needs, and work schedules can all affect your custody arrangement. Commonly contested issues in child custody cases include who will have primary custody, decisions about school and medical care, and whether a parent will be allowed to relocate.

Local Considerations

According to the CDC, the divorce rate in Texas is 2.1, and the fertility rate for women aged 15 to 44 is 60.6 births per 1,000, showing the importance of making proper and healthy custody decisions regarding children. Additionally, about one in four children under 21 lived with only one parent in 2022, with the other parent living outside the home, according to the 2023 CPS-CSS.

Most custody cases for Round Rock families are litigated in the Williamson County Justice Center at 405 Martin Luther King Street, Georgetown, TX 78626. Being familiar with local judges and court procedures allows your attorney to draft pleadings and negotiate with other parties, knowing how they will be received by the court.

Child Custody Disputes in a Divorce

Divorce is a common reason parents must address child custody in court. When you and your spouse cannot agree on terms during your divorce, a judge must decide issues of conservatorship and possession.

Child custody issues can also impact other parts of the divorce decree, such as child support and property division. Contested divorces can breed accusations of parental manipulation, substance abuse, or one parent trying to control the other through litigation.

Modifying an Existing Order

Sometimes parents need to change their child custody order. No matter how permanent custody orders are designed to be, Texas law permits revisions whenever substantial changes in circumstances arise. Common situations that may warrant a modification include:

• Parent relocation
• Significant and substantial changes in the child’s needs
• A child’s safety
• A significant change in one of the parents’ schedules, like a change in job scheduling that may not allow them to uphold the custody arrangement

Modification cases are difficult to prove in Texas. You must be able to show the court that not only has your life changed since the existing order was put in place, but that changing the order is better for the child. Having an experienced Round Rock child custody attorney on your side can help you determine if filing a modification is the right choice.

When Cooperation Is Not an Option

Not all child custody cases can be settled or mediated. When parents have irreconcilable differences, they will have to litigate the issue before a judge. Going to trial means participating in discovery, hearings, and potentially taking testimony from third parties and professional witnesses.

If you anticipate your custody case going to trial, you should choose to hire a child custody lawyer who has experience litigating trials. At the Law Office of Ben Carrasco, PLLC, we prepare your custody case for trial from day one. Handling your case as if it will go to trial protects you during negotiations.

Hire a Child Custody Lawyer Right Away

When you hire a child custody lawyer early, you have someone on your side advising you how to protect your rights and avoid mistakes. A Round Rock child custody lawyer can help you steer clear of informal negotiation pitfalls like damage-causing communication patterns, lost evidence, and untenable temporary orders that impact your child.

To settle disputes amicably, many parents put off hiring a child custody attorney. Sadly, informal arrangements and verbal agreements are not legally enforceable and can easily fall apart when disputes emerge. This is where a lawyer comes in to help.

About the Law Office of Ben Carrasco, PLLC, Today

At the Law Office of Ben Carrasco, PLLC, our practice is limited to family law, including complex child custody disputes. As a Board Certified Family Law Specialist by the Texas Board of Legal Specialization and Stanford-educated, Mr. Carrasco has the advanced legal training and trial experience you need on your side. You will not be passed around to junior associates. You will work directly with Ben on your custody case.

No legal matter holds more significance than a child custody case. Your entire relationship with your child and your child’s future is on the line. Whether you are seeking to establish a custody order for the first time or modify an existing custody order, a skilled Round Rock child custody lawyer at the Law Office of Ben Carrasco, PLLC can help. Contact us today for more information. You should not have to handle your child custody case alone.