5 Steps for a Parent to get Child Custody in Texas


Child custody cases are one of the most emotional and difficult parts of a divorce in Texas, and more often than not create so much tension between a divorcing couple. This is often due to the fact that both parents want to be the primary decision maker. Our compassionate Austin Child Custody Lawyers at Kirker Davis LLP have guided thousands of divorcing couples through the child custody system, obtaining an outcome in the client’s favor.

It was recently reported by the Wall Street Journal that 20 States have been considering Pro-Father Legislation to aid more dads in getting 50/50 custody arrangements with their spouse. This has left a lot of Texans asking themselves, what about us? Things have definitely changed over the last decade, however, nothing has been decided definitively.

For many, divorce in Texas has proven to be a really difficult time in their lives, more so with a Child Custody case involved. If you’re a father or mother in Texas, looking to achieve a 50/50 child custody agreement, you should consider taking the following crucial steps.

Increasing your chances of 50/50 Child Custody in Texas

If you are a Dad or even a Mom, thinking about divorce and hoping to get 50/50 or primary custody of your children, you should:

1. Contact an experienced Austin Child Custody Lawyer:

They will be able to advise you on the best actions to take before, during and after your divorce, to improve the odds of getting the custody arrangements you seek both for short and long term.

2. Avoid leaving the marital residence without your kids:

If possible, parents aiming to get primary custody shouldn’t move out and leave their children behind. Unless your safety is at risk, remain in the family home until you have a hearing and a judge orders one party to leave the marital residence.

3. Don’t neglect your parental duties:

You should never abandon parental duties even when it’s tense in the home, especially before divorcing. Paying for the necessary things such as food and clothes should continue your priority. If you do ignore a parental duty, the other spouse could use it against you in your child custody case.

4. Make a calendar and record everything:

If you’re considering filing for divorce, it’s a good idea to have a calendar that shows who takes care of particular parental responsibilities and who is present at any of your doctor’s appointments, child’s activities, and, school meetings.

5. Have your goals in mind:

The best advise we can give you about divorce and child custody disputes, is to always have 3 things written down that are most important to you. Focus on the goal of having at least 50/50 custody of your children, and do everything your lawyer tells you to ensure achieving that goal.

Contact us at Kirker & Davis LLP in Austin, Texas.

At Kirker & Davis LLP, our priority is protecting and expressing your rights as a parent. We know that divorce in Austin, Texas, is much more than just signing some paperwork, and we’ve helped many divorcing spouses get through their divorce and obtain an agreement in their favor. If your goal is to get primary or at least 50/50 custody of your children, get in touch with one of our professional Austin child custody attorneys, such as Holly Davis. Holly is a talented courtroom attorney who provides concierge-level services to her clients.


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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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