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Navigating a child custody case in Texas can be one of the most emotional and challenging times in a parent’s life. Whether you’re going through a divorce, separation, or a custody modification, the outcome will significantly impact your family’s future.
At Gray Becker, P.C., our Austin-based family law attorneys bring more than 100 years of combined legal experience to child custody matters. We understand that your children come first—and we provide the legal strength and emotional clarity you need to protect them.
Understanding Texas Child Custody Law (Conservatorship)
In Texas, “custody” is legally referred to as conservatorship under the Texas Family Code. The law distinguishes between legal custody (decision-making rights) and physical custody (possession and access).
Types of Conservatorships:
- Joint Managing Conservatorship (JMC):
Under Tex. Fam. Code § 153.131, Texas courts presume that both parents should be named joint managing conservators, meaning they share legal rights to make decisions for the child (education, healthcare, etc.). - Sole Managing Conservatorship (SMC):
In cases involving domestic violence, substance abuse, or instability, one parent may be appointed the sole managing conservator. This parent has exclusive decision-making authority and may receive primary physical custody. - Possessory Conservator:
The parent not granted primary custody may still be named a possessory conservator with visitation rights. These rights can be standard, modified, or supervised depending on the circumstances.
The Best Interests of the Child
Every Texas custody decision must prioritize the best interest of the child—a broad legal standard. Courts evaluate:
- The child’s emotional and physical needs
- Parental fitness and involvement
- Stability of each home
- History of abuse, neglect, or criminal behavior
- The child’s preferences (typically age 12+)
- Parental cooperation and communication
Our attorneys know how to demonstrate your strengths as a parent and present a compelling case that aligns with this legal standard.
Establishing Custody in Texas: Married vs. Unmarried Parents
- Divorcing Parents: Custody is determined during divorce proceedings. Temporary orders may be issued early to stabilize the child’s routine.
- Unmarried Parents: A Suit Affecting the Parent-Child Relationship (SAPCR) must be filed. If paternity is contested, DNA testing may be required.
Regardless of your marital status, our team will walk you through every step of the custody process, from filing to final order.
How Child Custody Works in Austin Courts
Here’s what to expect when pursuing a custody case in Travis County or surrounding areas:
1. Initial Consultation and Filing
Our process starts with a detailed consultation to understand your situation. If we move forward, we file the necessary petitions with the district court.
2. Temporary Orders Hearing
If needed, the court may issue temporary custody, visitation, and child support orders to protect stability during the case.
3. Mediation (Often Required)
Texas courts generally require both parties to attend mediation before trial. Mediation allows parents to reach mutually beneficial agreements without going to court.
At Gray Becker, we excel at mediation strategy—helping clients secure favorable custody terms while avoiding unnecessary conflict.
4. Discovery and Evaluation
Both sides exchange documentation and information. In some cases, the court may appoint:
- A Guardian ad Litem (child’s advocate)
- A Custody Evaluator (licensed professional who interviews parties and observes home conditions)
We help prepare you for these evaluations to ensure your strengths as a parent are clearly presented.
5. Final Hearing or Settlement
Most custody cases settle outside of court. However, when litigation is necessary, our attorneys are aggressive advocates in trial, ready to present evidence, cross-examine witnesses, and fight for your parental rights.
Parenting Time: Possession and Access
In Texas, physical custody is known as possession and access. The default schedule used by courts is called the Standard Possession Order (SPO), which assumes parents live within 100 miles of each other.
Key features of the SPO:
- Alternating weekends
- Thursday night visits during the school year
- Extended summer and holiday visitation
We can also create custom possession schedules tailored to your work, travel, or co-parenting needs.
Modifying an Existing Custody Order
A court-approved custody order is not set in stone. You may petition for modification if there has been a material and substantial change in circumstances. Common reasons include:
- A parent relocating or changing jobs
- A child’s changing needs or preferences
- Parental unfitness or noncompliance
- Agreement between the parents
Our attorneys can help file a modification request or challenge a proposed change that doesn’t serve your child’s best interest.
Enforcing a Custody Order
When the other parent refuses to follow court orders, you have legal options:
- Filing a Motion for Enforcement
- Requesting make-up visitation
- Seeking civil or criminal contempt charges
Don’t allow repeated violations to go unchecked. We will work swiftly to protect your time with your child.
High-Conflict and Complex Custody Cases
Not all custody cases are amicable. We handle situations involving:
- Parental alienation or psychological manipulation
- False accusations of abuse or neglect
- Out-of-state relocations
- Unfit or absent parents
- Grandparent custody or intervention
Our attorneys have extensive experience in high-stakes custody litigation and know how to build a strong, evidence-based case when emotions run high.
FAQs: Texas Child Custody
Can a child choose which parent to live with in Texas?
In Texas, a child who is 12 or older may express a preference, but the final decision is up to the judge. The court considers the child’s wishes alongside other best interest factors like stability, safety, and each parent’s involvement.
Can I get custody if I was never married to the other parent?
Yes. You’ll need to legally establish paternity, typically through a DNA test or acknowledgment, and file a Suit Affecting the Parent-Child Relationship (SAPCR). Once paternity is confirmed, the court can decide custody, visitation, and child support.
What happens if the other parent wants to move out of state or far away?
If a proposed relocation would interfere with your custody or visitation rights, the moving parent must seek court approval. Texas courts often impose geographic restrictions to protect parental access. Our attorneys can help modify or challenge such requests.
Do grandparents have custody or visitation rights in Texas?
Yes, but only in limited cases. A grandparent may request custody or visitation if the child’s well-being is at risk due to parental death, incarceration, abuse, or neglect. These cases are complex and often require legal intervention.
Can a custody order be changed later?
Absolutely. If there has been a material and substantial change in circumstances—such as a new job, move, or changes in the child’s needs—you may request a modification of the custody order. We handle both uncontested and contested modifications.
Should I contact an attorney to help with a long-term custody plan?
Yes. Courts in Texas prioritize consistency and stability for children. A custody lawyer can help you create a long-term parenting plan that supports your goals and aligns with legal expectations. Contact our team to get started.
Why Clients Choose Gray Becker, P.C.
- Decades of Experience: Over 100 years of combined legal knowledge in Texas family law.
- Local Court Familiarity: We know the judges, mediators, and opposing counsel in Travis and surrounding counties.
- Custom Legal Strategies: No cookie-cutter solutions. Every custody case is unique.
- Respected Reputation: Named among Austin’s top family law firms.
- Client-Centered Service: Transparent communication, honest advice, and strategic advocacy.
Contact Our Austin Child Custody Lawyers Today
If you’re facing a custody dispute or need help modifying or enforcing an existing order, don’t go through it alone. Let Gray Becker help you secure a stable, supportive future for your child.
Call 512-482-0061 now
or
Use our contact form to schedule your private consultation.
Let our team help you protect what matters most—your relationship with your child.
*”Child custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear.”
Texas Family Code CHAPTER 152.102.4