Custody and Visitation
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Child Custody Lawyer in Austin, TX
In a divorce with children, custody and visitation are among the most important issues. These issues can be frustrating for parents, who want to ensure they don’t compromise one of the most important relationships they’ll ever have. In cases in which custody of a child can’t be agreed upon amicably between both spouses, a judge will decide upon custody arrangements.
If you’re in the process of a divorce and find that you and your spouse are unable to agree upon child custody arrangements and visitation rights, it’s imperative to consult a skilled child custody lawyer in Austin, TX.
The Law Office of Brandon Bledsoe features a knowledgeable, experienced team of child custody lawyers who can help you understand your legal position and fight for your parental rights when it comes to child custody and visitation.
Child Custody Arrangements in Austin
Family courts in Texas typically name both parents as “joint managing conservators” unless there is a good reason not to. In these cases, both parents make decisions with regards to the child’s
However, one parent is typically named as the primary custodian. A child lives with the primary custodian for the majority of the time, and the primary custodial parent has the right to collect child support. The non-custodial parent is typically granted visitation rights.
Occasionally, non-parents can be granted custodial rights and receive child support from both parents. Non-parents who are granted primary custodian rights are most often extended family members, such as grandparents, aunts, or uncles.
If your divorce is contentious and there are problems surrounding child custody, it is essential to contact our Austin child custody lawyers to make sure your case is presented in the best possible way. At the Law Office of Brandon Bledsoe, we can help you understand your rights and present appropriate arguments to the court regarding your child’s best interests.
Standard Posession Orders
In Texas, it is common for courts to set a standard possession order that defines the time that a child will stay with each parent. This order also grants specific visitation rights.
A standard possession order allows noncustodial parents to enjoy time with their children for a few hours on one day of the week, several weekends a month, every other holiday, and for a month during the summer. Special rules are designed if the parents live more than 100 miles apart. :
Courts do not have to follow standard possession orders if the child is less than three years old, there are concerns about domestic violence or child abuse, or if it is not in the best interests of the child.
In these cases, the court may order supervised visitation, require a parent to undergo regular drug testing, or make any other order in the child’s best interests.
If parents can agree on a regular visitation schedule, it can make the divorce process much easier. However, if there are major issues to be sorted out or accusations that one party seeks to fight, it is important to have the best child custody lawyer in Austin by your side.
The Law Office of Brandon Bledsoe can work with you to mediate disputes and secure a child custody arrangement that suits your family’s needs.
What Happens If My Spouse Is Pursuing Sole Custody?
Cases in which a spouse is seeking sole custody of a child can be complex. However, just because one spouse wants sole custody does not mean that it will be granted.
Family law courts in Texas are reluctant to give sole custody to a parent unless there is a very specific reason for doing so, such as a history of domestic violence or child abuse.
If your spouse is seeking sole custody of your child, it’s important to seek legal advice from the best child custody attorney in Austin, TX, right here at the Law Office of Brandon Bledsoe. We will work with you to provide clear and convincing factual evidence that can support your custody requests.
What Happens If Custody Arrangements Are Not Made Between Parents?
In cases in which custody arrangements cannot be agreed upon between the two parents, a judge will make the final decision regarding custody orders. A child custody and visitation attorney from the Law Office of Brandon Bledsoe can help you to present a powerful argument to the court.
Child Custody and Visitation FAQs:
What factors do Texas courts consider when determining child custody?
Texas courts prioritize the best interests of the child when deciding custody. Factors such as the child's physical and emotional needs, each parent's ability to provide for these needs, the child's preferences if they are old enough to express them, and any history of domestic violence or neglect are taken into account.
What types of custody arrangements are common in Austin, TX?
In Austin, TX, common custody arrangements include sole custody, where one parent has primary physical and legal custody, and joint custody, where both parents share physical and legal custody. Joint custody can be either joint managing conservatorship (shared decision-making) or joint possession (shared physical custody).
How does visitation work under Texas law?
Visitation, or "possession and access," outlines the schedule and rights of the non-custodial parent to spend time with the child. Texas courts encourage frequent and meaningful contact with both parents unless it's proven to be detrimental to the child's well-being. Visitation schedules can be customized based on the family's circumstances, ensuring flexibility while considering the child's best interests.
Can child custody orders be modified in Austin, TX?
Yes, child custody orders can be modified in Austin, TX, if there is a significant change in circumstances or if the current arrangement no longer serves the child's best interests. Examples of changes include a parent relocating, changes in the child's needs or preferences, or concerns about a parent's ability to provide a safe and stable environment. It's essential to work with a family law attorney to navigate the legal process for modifying custody orders.
Schedule a Consultation with Our Austin Child Custody and Visitation Attorneys Today
If you would like to discuss your divorce and child custody arrangements with a skilled Austin child custody attorney, contact the Law Office of Brandon Bledsoe.
We will work to understand your specific circumstances, the nature of the relationship with your spouse and child, and any concerns that you might have about child custody and visitation. Give us a call today!
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