Child Custody Lawyers in Austin

Seeking the Best Possible Outcome for You & Your Family

If you are a parent going through a divorce or another child custody case, your thoughts are consumed with worries about your future with your children. At Carroll Troberman, PLLC, we have handled numerous cases involving child custody and visitation, and our team can provide you with the compassionate and relentless representation you need. We are committed to upholding your rights and the best interests of your child.

Call our Austin child custody attorneys at (512) 772-2442 to schedule a consultation.

Understanding Conservatorship in Texas

Although “custody” is a term that is used by many in Texas, the Texas Family Code refers to this area of law as “conservatorship.” There are two forms of conservatorship in Texas: Managing conservatorship and possessory conservatorship.

Parents who are granted a managing conservatorship have the right to make decisions regarding the child. Texas Courts presume that a joint managing conservatorship – two people or entities share the rights and responsibilities of making decisions for the child – is in the best interest of the child, unless they have reason to believe it would impair the child’s physical or emotional health. In such cases, the court will appoint one parent (or a non-parent) to be the sole managing conservator.

Joint conservatorship is generally right for families when:

• The parents are capable of making shared decisions based on the welfare of the child
• The parents have each played a major role in the child’s upbringing before the case
• Each parent can support a positive relationship between the other parent and the child
• The parents live near to one another and plan to continue similar living arrangements
• A joint conservatorship lines up with the child’s preferences (for children 12 or older)

If the court orders a sole managing conservatorship to one parent, the other parent is usually granted possessory conservatorship. A possessory conservator has the right to possess and access the child. In other words, they are given visitation rights with their child. The only way a parent will be denied possessory conservatorship is if they have a history of neglect, abuse, or equally concerning behavior.

Custodial & Non-Custodial Conservators

Typically, in a child custody case, one parent will be unofficially named as the “custodial” conservator. The child’s main residence will be with the custodial conservator. The non-custodial parent will be able to spend time with their child according to the court-ordered visitation schedule. The Standard Possession Schedule in the Texas Family Code grants non-custodial parents’ possession of their child during the first, third, and, fifth weekends of each month. The parenting plan that is right for you and your family may be in accordance with this or differ upon agreement or a judge’s ruling.

Occasionally, a judge will grant a 50/50 arrangement where neither parent is named as the custodial conservator. Instead, the child lives with each parent for approximately equal time. In this case, the parents would need to live nearer to each other, typically within the same school district, so the child would always live within reasonable distance to their school.

Contact Our Experienced Legal Team Today

Carroll Troberman, PLLC is here to help you achieve the outcome that is best for you and your family. Reach out to us today with any questions you may have. Join us for a consultation to discuss your rights and options. We can help you make an informed decision about how to proceed.

Call (512) 772-2442 or contact us online to begin working with knowledgeable child custody lawyers in Austin.