Critical Facts To Know About Child Custody Cases


If you are going through a child custody battle, you no doubt understand how serious this is. You may wonder how the laws apply in your case.

Here’s why you should care about custody determinations for a child:

  1. Once they’re in place, they’re hard to change

The courts operate on the assumption that children need stability. That is, the courts don’t like to make significant changes to custody orders after they’re in place unless the reason for the change is clear. The person wanting the change has to prove that the change is in the best interests of the child. They must show that the benefits of the change outweigh the inherent hardships that come with uprooting the child from their routine.

This makes it important to work with an Austin child custody attorney from the beginning of your case. Once custody is in place, it’s hard to change. It’s much easier to get the right custody order up front. Your attorney can help you see the big picture and make the right decisions from the beginning.

  1. Custody decisions now can determine whether a parent can move with a child later

When a court makes initial decisions about child custody, they make decisions about where the child can live. If there’s a ‘primary conservator’ parent, the court gives the parent a geographic area that they must choose from for the child’s residence. If there is no ‘primary conservator’ parent, the court states a geographic area for both parents to live with the child.

If the court chooses a ‘primary conservator’ parent, it’s much easier for that parent to move the child out of state. Many factors are considered if the parent with the right to designate primary residence wishes to move out of the previously defined area, or out of State. The parent often has to show that they’re moving either for work or to be near relatives who can help raise the child.  The parent must show that they’re not trying to frustrate the other parent’s relationship with the child.

It’s important to work with an Austin child custody attorney to ensure your rights before the ink is dry on a custody order. A child’s move far away can be devastating for the parent left behind. It’s important to take steps to prevent this from happening in the initial custody order, before a parent ever mentions wanting to move.

  1. If it’s not in a court order, it is not ‘official’

It’s important to get all of the provisions of a child’s custody agreement written clearly in a Court Order, and not just a series of text messages or emails with the other parent. A court speaks through its written orders. If it doesn’t appear in the order, the court is more limited in what it may do by way of enforcement.. Any agreements or promises from the other parent need to be reduced to writing and signed by a judge if they’re going to be effective and stick long-term.

Hire The Best To Get The Best Outcome In Your Child Custody Case

If you have a pending child custody case in Austin, you need an experienced child custody attorney who can evaluate your case and advance your interests. At Kirker Davis we are dedicated to getting our clients the best possible results in their custody cases. We fight hard and aggressively advocate for you and for your child’s best interests. Contact us today so that we can get to work on your case.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Co-founding Partner, Chris Kirker who has more than 20 years of legal experience as a personal injury attorney.

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