Austin Physical Custody Lawyers

We make your children’s custody a priority

Austin Primary and Secondary Physical Custody Lawyers

There are two types of custody to determine during divorce proceedings: legal and physical. While legal custody grants one or both of the parents the right to make decisions for the child, physical custody governs which parent the child will live with the majority of the time. Primary physical custody decides the primary residence of the child; parents with secondary physical custody typically receive visitation rights. In Texas, the Texas Family Code refers to custody as “conservatorship.” A parent with legal custody is officially a managing conservator, while a parent charged with the direct physical care of the child is the possessory conservator.

The largest determining factor in a child custody case is what is in the best interest of the child. Texas courts favor joint custody whenever possible, believing it is in the child’s best interest to remain connected to both parents. It is important to note that it is common for both parents to share joint managing conservatorship. However, joint possessor conservatorship, or joint physical custody, is rare. Generally, one parent has primary physical possession of the child and the child spends most of the time with this parent.

Possessory conservatorship, or primary physical custody, determines which parent will have a closer relationship with the child. If you are going through divorce proceedings and children are involved, you need to contact an Austin primary physical custody lawyer. The prospect of losing the physical custody of your child is frightening, and you deserve the chance to do what is best for your child. At Kirker Davis LLP, we will do everything we can to fight for your family.

Determining Factors in Physical Custody Cases

When a court is deciding physical custody cases, the standard is what is in the best interest of the child. A great number of factors can determine a child’s best interest. While these factors vary greatly from court to court, some common determining factors include:

  • Observed interactions between the parent and child
  • Stability of the home environment
  • Quality of schools in the home’s school district
  • Parent’s employment and means to provide for the child
  • Age of the child

Each court is different and any number of factors or issues can arise in a physical custody case. If you are currently going through a divorce, you should contact an experienced physical custody lawyer to help guide you through the complex proceedings.

Contact an Austin Primary and Secondary Physical Custody Lawyer

The physical custody of your child or children is a serious and important decision that will occur during the course of your divorce proceedings. At Kirker Davis LLP, we understand the value of your relationship with your child. Our dedicated and compassionate lawyers will work tirelessly to get you the outcome you deserve. Please do not hesitate to call our Austin offices today at (512) 598-0010 to begin fighting for your family.

Holly R. Davis

“The court looks to the two parents in this situation to work together to come to create an agreed parenting plan for their child or children that includes a possession schedule, shared decision-making, and sometimes primary custody. In the event of disagreement, a Court can make these decisions for the parents.”

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  • "The divorce process is not an easy one, but I always felt fully supported, informed, and guided by Chris and the staff. Chris always laid out the options, made me aware of the risks, and provided me with recommendations, but he also gave me the flexibility to work out things with my ex where I could, to speed up the process and avoid some legal expenses. I highly recommend Chris for family law representation. ”

    David - Divorce Representation

  • "I’m a lawyer myself and Holly helped me with my recent divorce. She did an amazing job. She covered all the little issues that would have collectively cost me a bunch of money in the long run if she had not been so detail-oriented and focused. She is a tenacious advocate for her clients who aims to resolve matters amicably but will fight tooth-and-nail for her clients if that is what it takes to reach a...”

    Anonymous - Holly is the lawyer who lawyers hire for their own divorces

  • "Chris handled my case professionally, efficiently, and demonstrated a very strong knowledge of family law. Chris took the time to learn and understand all aspects of my situation and used that knowledge to develop a focused strategy that led to a successful outcome. I highly recommend Chris. ”

    Martin - Excellent Lawyer

  • "They were so amazing to work with, second to none in responsiveness and work ethic. I would recommend her work to anyone looking for family law, and could not be happier with my decision to work with them. Just a great group of people who are knowledgeable and passionate about the work they do. ”

    Josh Campbell - Family Law

  • "This was as good an experience as you can possibly have with a divorce situation! They were professional yet compassionate. They treated me with great respect and were always available to answer my questions. The best part is they always had my best interest at heart. I would highly recommend Kirker Davis. They are the best! ”

    Susan M. - A divorce situation

  • "This was my first time ever working with lawyers and words cannot express how grateful I am. I needed direction during a difficult time and she provided step by step service. Would highly recommend! ”

    Erik J - Highly recommended

  • "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. ”

    Bertha S - My divorce case

  • "My experience with Kirker Davis has been amazing. 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 wholeheartedly recommend this firm. ”

    Daniel - Custody case

  • "My ongoing experiences throughout our working together, made me feel like they were genuinely concerned about me and my integrity. Fantastic results! ”

    Edward - Fantastic results

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