Determining custody of children is often the most highly contentious part of a divorce. If parents are not able to come to an agreement, the matter must be settled in court. Court proceedings can take a long time to reach a conclusion and are likely to dredge up a lot of negative feelings and painful truths as parents battle to win custody. This process can be emotionally exhausting, but it is a necessary step to make sure your children are in good care and have a stable home after finalizing the divorce.
High-conflict divorces often result in intense custody battles that are not easily won without the help of an experienced attorney. If you are divorcing and see a custody battle in the works, contact one of the best Austin child custody lawyers from Kirker Davis at (512) 598-0010 to begin forming a strategy today.
Texas child custody courts should rule in a way that puts the child’s best interests at the forefront of their decisions. However, because of the myriad factors that affect home life, a child’s best interests can be ambiguous or inconsistent from case to case. Sometimes parents who live closer to better schools are given custody, while sometimes parents who may be in struggling school districts are granted custody because they can provide a better family lifestyle.
Most commonly, custody is split in a way where both parents get to spend at least some time with their children. At Kirker Davis LLP we have abundant experience helping our clients reach favorable outcomes in issues of:
Receiving custody of your children is something you will have to work hard to achieve. A family law attorney can help you make a strong case for why you should win custody over your former spouse.
Once custody is granted to a parent, it can be hard to have the decision reversed. That is why it is imperative to get a favorable decision in the initial battle. If you are divorcing your spouse, it is likely you will not agree on child custody issues, necessitating a legal battle. In these circumstances, an Austin child custody attorney can help you show that you are a strong parent who can give your children a good home. To speak with a lawyer from Kirker Davis LLP about your options, call (512) 598-0010 today.
“Many people fear dissolving their marriage because they think it will cause irreparable harm to their children. But what we find is that a happy parent is a better parent. And two happy parents are a huge win for a family. And divorce doesn’t have to be ugly. It can be conducted with emotional maturity when done with the right attorney.”Get in touch
If you are considering ending your marriage you might be looking for a lawyer near your location. Going through a divorce is not only a difficult time for you but for your children as well.
A child custody lawyer will not only fight for your rights as a parent but will think and act in the best interest of your children so hiring the best child custody lawyer near your location is crucial. Contact Kirker Davis today for a consultation.
If you are facing a child custody case (known as conservatorship in Texas), you likely have many questions and concerns.
Below are some questions we frequently hear about Austin custody matters.
The cost of a lawyer will depend on the law firm you hire and the complexity of your child custody case. When you first meet with an attorney about your situation, you should discuss fees. You should never hire a family lawyer without fully understanding how much your case will cost, as there should never be surprises. You should not hesitate to ask multiple attorneys about fees if one firm seems too high or too low.
Many people think that they might save money by trying to handle a custody case on their own, though this is a mistake. Even though you will need to pay for an attorney’s services, they can be invaluable when it comes to protecting your parental rights and your future relationship with your child.
Under Texas law, judges must consider what type of custody arrangement is in the best interests of the child. In the past, the law presumed that a child benefitted from spending more time with their mother, but this is no longer the case. The law specifically prohibits courts from discriminating against one parent or favoring the other based on their sex or marital status.
There are many factors that courts consider when making this determination, including the fitness of each parent to provide a safe and healthy environment for the child, any special needs of the child, a history of abuse by one parent, and any other relevant factors to a specific situation.
Texas family courts focus on what is in the best interests of the child when making custody decisions, and the law does not presume that 50/50 custody is always best for the child. Parents have the opportunity to agree to an even custody schedule, and the court will likely approve it if the parents live relatively close to one another and are willing to cooperate.
However, if parents cannot agree out of court, the judge is likely to look to the standard possession orders under Texas law. This type of order involves a primary custodial parent and a non-custodial parent with specific visitation rights. The visitation schedule will depend on how far apart the parents live from one another.
Your custody attorney can assist you in negotiating a custody arrangement with your child’s parent that is 50/50 if you so choose. If this is not possible, your lawyer can present your case to the court about why you deserve greater custody rights to your child.
While several factors might lead a judge to determine that a parent’s home is unstable, some of the main reasons include neglect of the child’s needs, physical or sexual abuse of the child, substance abuse or mental illness, exposing the child to situations that are not age-appropriate, and more.