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Lakeway Child Custody Attorneys

Lakeway Child Custody Attorneys

Cases that involve child custody issues can be among the most difficult (and personal) legal matters today. Whether you are currently pursuing, or plan to, a child custody claim in Lakeway, your case will be controlled by the Travis County Local Rules, the state’s Third Court of Appeals, the Texas Supreme Court, and mishmash of other authorities that can be all but impossible to decipher without the help of an experienced lawyer guiding the way. Please continue reading for an overview of how child custody cases are handled by the courts serving Lakeway, and other useful considerations when pursuing a case in Travis County courts.

The Best Interest of the Child

Courts will always hold the best interest of the child as the primary factor of consideration when determine a child custody matter. The goal of such determinations is to place the child in the most favorable environment.

Pursuant to the seminal Texas Supreme Court case Holley v. Adams, Lakeway courts consider nine factors for determinations of a child’s best interest. The factors are:

  1. The desires of the child.
  2. The child’s emotional and physical needs at the time and in the future.
  3. Current or future emotional and physical danger to the child.
  4. The parenting abilities of the individuals seeking custody.
  5. The availability of programs to assist the individuals seeking custody.
  6. The plans for the child by these individuals or by the agency seeking custody.
  7. The stability of the environment where the child is sought to be placed.
  8. Any acts or omissions by those seeking custody that may indicate that the existing parent-child relationship is not a proper one.
  9. Any excuses for the parents’ acts or omissions.

These factors will play an outsized role on the resolution of any child custody suit in Lakeway. Consequently, your lawyer will focus on these factors when crafting your legal position and mitigating any potential issues.

Types of Child Custody

Sole Managing Conservator

A child’s sole managing conservator typically has the exclusive right to determine the child’s primary residence, the right to consent to various medical and psychological treatments, the right to receive periodic child support payments, the right to make decisions about the child’s education, and more. Of the various type of conservatorship, this type provides the greatest amount of decision-making authority.

Joint Managing Conservator

Joint managing conservators share the rights and responsibilities of raising the child with another person (who is also a joint managing conservator). The courts serving Lakeway grant this type of conservatorship most often as it is generally presumed to be in the best interest of the child. But even if both parents are joint managing conservators, their decision-making authorities may differ. For example, one conservator may be charged with designating the child’s principal residence, or the parties may agree that the child’s primary residence will stay within a specified geographic area. The possession times for each parent can also vary. This is often done to avoid disturbances to child’s daily routine, such as school and extracurricular activities. Courts may also grant one joint managing conservator a larger possession period if it finds that the family structure warrants such an imbalance, especially if the court determines that structure to be in the child’s best interest.

Possessory Conservator

The final conservatorship is the possessory conservator. Possessory conservators are individuals who are not necessarily one of the child’s parents but may have the right to possess the child during certain times and/or under specific conditions. Possessory conservators have the same parental rights any other conservatorship would allow during their possession period.

Agreed Parenting Plan

The courts serving Lakeway routinely encourage joint managing conservators to form agreed parenting plans. For the courts to accept such a plan, however, it must meet the following requirements:

  1. Either one conservator must have the exclusive right to determine the child’s primary residence; or the child’s primary residence must be restricted to a specified geographic area;
  2. If the plan provides one conservator the exclusive right to determine the child’s primary residence, the plan must either (1) specify that the conservator is free to choose the child’s primary residence; or (2) provide a geographic area within which the conservator must maintain the child’s primary residence;
  3. Clearly outline the rights and duties of the parents regarding the child’s present and future physical care, support, and education;
  4. Minimize the disruption of the child’s schooling, daily routine, and association with friends through formal provisions included in the agreement;
  5. Assign and apportion between the joint conservators all remaining parental rights and duties as provided by the Texas Family Code.
  6. Be entered into voluntarily and knowingly by both conservators and must not have been repudiated by either parent at the time the order is rendered; and
  7. Be in the child’s best interest.
Contact a Lakeway Child Custody Attorney Today

If you have any questions regarding child custody, or any other family law related matter, contact Kirker | Davis LLP to schedule a meeting with an experienced Lakeway lawyer today.

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  • "I praise Attorney Alyse Donnelly for all the hard work and hours she put in my divorce case. I believe that her experience, knowledge, and quick thinking resulted in beneficial results on my behalf. Ms. Donnelly along with Paralegal Stacy O’Brien and Attorney Michelle Fontenot are definitely assets to the Kirker Davis law firm. ”

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  • "My experience with Kirker Davis has been amazing. Candice Deyerle has been my attorney and in just under a month she helped to correct severe deficiencies in my custody case. She and her team respond within minutes or hours to even the most mundane requests. From the moment I walked in the office, I was greeted with an exceptional level of service, and even the receptionist inspires class and confidence. I wh...”

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