Child Custody Attorney Austin TX | Protect Your Time with Your Kids

Your biggest fear? Losing time with your kids.

Every parent going through divorce has this nightmare: What if I only see my children every other weekend? What if my ex moves away with them? What if the court thinks I’m not a good parent?

Here’s the truth: Texas law starts with the assumption that both parents should be in their children’s lives. But you need to know how the system actually works.

What Texas Calls “Custody” (It’s Not What You Think)

Texas doesn’t use the word “custody.” Instead, we have something called “conservatorship.” Don’t let the fancy legal term scare you - it’s just Texas being different.

Joint Managing Conservatorship (JMC) means both parents make decisions together about big things like:

• Where your child goes to school
• What doctor they see
• Whether they can get their ears pierced or play football

Sole Managing Conservatorship (SMC) means one parent makes all the big decisions alone.

Standard Possession Order is the default schedule - usually every other weekend, Thursday evenings, and alternating holidays for the non-primary parent.

Most parents end up with Joint Managing Conservatorship. The real question is: Who gets to be the “primary” parent where the child lives most of the time?

Your Parenting Time Matters More Than Labels

Forget the legal terms for a minute. What you really want to know is: When do I get to be with my children?

The standard schedule gives the non-primary parent:

• Every other weekend (Friday evening to Sunday evening)
• Thursday evenings during school
• One month in summer
• Alternating holidays

But this isn’t set in stone. If you can show the court why your children need more time with you, they’ll listen. If you work nights, travel for work, or have other schedule challenges, we can ask for a modified schedule that works for your family.

What the Court Really Cares About

Judges don’t care about your feelings. They don’t care if your ex is difficult. They care about one thing: What’s best for your children?

Courts look at:

• Who’s been taking care of the kids day-to-day?
• Can you provide a stable home?
• Do you support your child’s relationship with the other parent?
• Are there safety concerns?

Red flags that hurt your case:

• Keeping kids from the other parent
• Bad-mouthing your ex to the children
• Missing visits or being unreliable
• Substance abuse or domestic violence

What helps your case:

• Being involved in school and activities
• Having a stable home and job
• Encouraging your child’s relationship with the other parent
• Following court orders

The Reality About Custody Battles in Austin

Most custody cases in Travis, Williamson, and Hays Counties settle without a trial. Why? Because trials are expensive, stressful, and unpredictable.

Settlement usually means:

• Joint Managing Conservatorship
• One parent designated as primary (where child lives most of the time)
• Standard possession schedule or something close to it
• Both parents sharing expenses like medical care and school costs

You might need to fight in court if:

• There’s abuse or domestic violence
• Your ex has serious addiction problems
• One parent wants to move far away with the kids
• You genuinely can’t agree on basic safety issues

Special Situations We See in Austin

Military families: If you’re stationed at Fort Hood or work for the military, we can request modified schedules that work around deployments.

Tech workers: Many Austin parents travel frequently or work unusual hours. Courts can accommodate non-traditional schedules.

Blended families: If you or your ex remarried and have stepchildren, this adds complexity but doesn’t prevent you from maintaining a strong relationship with your biological children.

LGBTQ+ parents: Texas law has evolved, but same-sex couples may face additional challenges, especially if only one parent is the biological parent.

When Grandparents Want Custody

Sometimes grandparents, aunts, uncles, or other relatives need to step in. Texas law allows this, but it’s harder than parent-vs-parent custody.

Non-parents can get custody if:

• Both parents are unfit or dangerous
• The child has lived with you for at least 6 months
• You can show a strong emotional bond with the child
• It’s clearly in the child’s best interest

Protective Orders and Child Safety

If there’s been family violence, your child’s safety comes first. You can request a protective order that:

• Keeps the abusive parent away from you and your child
• Gives you temporary sole custody
• Requires supervised visitation for the other parent

Don’t wait if you’re in danger. Even if you’re not ready to file for divorce, you can get emergency protection for you and your children.

Call the Family Violence Legal Line at 1-800-374-4673 for immediate help.

The Money Side: Child Support in Texas

Child support in Texas follows a formula based on the non-primary parent’s income:

• 20% for one child
• 25% for two children
• 30% for three children
• Up to 40% for five or more children

This covers basic needs. Medical insurance, daycare, and extracurricular activities are usually split between parents or paid by whoever has better insurance/income.

Child support is separate from visitation. You can’t keep your children from the other parent because they’re behind on support. And the other parent can’t refuse to pay support because you won’t let them see the kids.

Making Custody Work Long-Term

The court order is just the beginning. Here’s how to make co-parenting actually work:

Communicate about your children, not your feelings. Use email or a co-parenting app to keep discussions focused on schedules, school, and medical needs.

Be flexible when you can. If your ex needs to switch weekends occasionally, try to accommodate. They’ll be more likely to do the same for you.

Don’t involve the children in adult problems. Your 8-year-old shouldn’t know about support payments or court hearings.

Get help if you need it. Consider a family counselor who specializes in co-parenting or divorce. Some insurance plans cover this.

What to Expect: Timeline and Costs

Temporary orders (1-3 months): We can ask the court for temporary custody and support while your divorce is pending. This gives you and your children stability during the process.

Final orders (3-12 months): Most cases settle within 6 months. Contested custody trials can take longer.

Costs vary widely:

• Agreed custody arrangement: $3,000-$7,000 in attorney fees
• Contested custody case: $10,000-$30,000+ depending on complexity
• Child custody evaluation (if ordered): $3,000-$8,000

Payment plans available. We understand divorce is financially stressful. Ask about payment options.

Common Custody Mistakes to Avoid

Don’t use your children as messengers. “Tell your mom she needs to send more clothes” puts your child in the middle.

Don’t pump your children for information about the other parent’s house, new relationships, or finances.

Don’t withhold visitation because of unpaid support or other disputes. Handle this through the court.

Don’t introduce new romantic partners too quickly. Wait until the relationship is serious and stable before including them in family activities.

Don’t badmouth the other parent on social media or anywhere your children might see it.

When Your Ex Wants to Move Away

If your ex wants to relocate more than 100 miles away or out of state with your children, they need court permission or your written agreement.

The court considers:

• How the move would affect your relationship with your child
• Why the other parent wants to move
• Educational and economic opportunities in the new location
• Your child’s preference (if they’re old enough)

This is serious. Don’t wait to respond if you receive notice of a proposed move. You typically have 30 days to object.

Working with Child Protective Services

Sometimes CPS gets involved in custody cases. This adds another layer of complexity, but it doesn’t automatically mean you’ll lose your children.

CPS focuses on safety, not perfect parenting. They want to know:

• Is the home safe?
• Are the children’s basic needs met?
• Are there substances or dangerous people around?

Cooperate but protect your rights. Answer questions honestly, but don’t volunteer information. Consider having an attorney present during interviews.

Frequently Asked Questions

Does gender matter in Texas custody cases?

Not legally. Texas courts can’t consider gender when making custody decisions. Both mothers and fathers have equal rights under the law. However, practical factors like who’s been the primary caregiver do matter.

Can I move out of state with my children?

Only with court permission or your ex’s written agreement. Texas courts are protective of the parent-child relationship and won’t allow moves that significantly interfere with the other parent’s time.

What if my child doesn’t want to visit the other parent?

The age and maturity of your child matters. Courts will listen to children 12 and older, but younger children’s preferences carry less weight. Don’t use your child’s reluctance as an excuse to violate court orders without proper legal action.

How do I change a custody order?

You need to show a “material and substantial change in circumstances” that affects your child’s best interest. Examples include relocation, remarriage, job changes, or safety concerns. Minor scheduling disputes usually aren’t enough.

What happens if my ex violates the custody order?

Document everything. Take screenshots of text messages, save emails, and keep a calendar of missed visits. You can file a motion for contempt of court, which can result in fines, jail time, or makeup visitation time.

Do I need a lawyer for custody issues?

Texas allows you to represent yourself, but custody law is complex. Most people benefit from legal advice, especially if there’s disagreement about the children’s living situation or safety concerns.

Your Next Steps

If you’re facing a custody issue:

1. Don’t panic. Most custody situations work out reasonably well for everyone involved.

2. Document everything. Start keeping records of your time with your children, expenses you pay, and any concerning behavior from the other parent.

3. Put your children first. Courts notice parents who prioritize their children’s wellbeing over their own anger or hurt feelings.

4. Get legal guidance early. Understanding your rights and options prevents costly mistakes.

Every family situation is different. What worked for your friend or sister might not apply to your case. Texas custody law has specific requirements and deadlines that can affect your rights permanently.

Ready to protect your relationship with your children?

Schedule a consultation to discuss your specific situation. We’ll explain your options, answer your questions, and help you create a plan that puts your children’s needs first.

Call (512) 968-9898 or schedule online to speak with an experienced Austin child custody attorney.

Serving families in Travis, Williamson, and Hays Counties.