Austin Child Custody Lawyer

Our Child Custody Attorney Serving Austin, Texas, Can Protect Your Child's Best Interests

Family law matters are sensitive but when children are involved, they can become overwhelming and are often contested. 

Family matters of child custody are among the most complex issues one can face in the realm of family law. 

Whether you and your ex-spouse have decided to get a divorce or you and the other parent of your child are unmarried and arguing over custody, Attorney Melissa Williams can help. 

Our law firm handles contentious issues regarding Texas child custody in Austin and will work to find a solution that best suits your child's needs.

With two decades of experience, our law firm in Austin, TX, can be trusted to resolve even the most complex child custody issues. 

Before stepping into negotiations or the courtroom in Travis County, it is best to understand Texas law regarding conservatorship, possession, and support.

What Is the Difference Between Managing Conservators and Joint Managing Conservators?

In Texas, “child custody” is technically called “conservatorship”. The two types of conservatorship are:

• Joint managing conservatorship (JMC)
• Sole managing conservatorship (SMC)

Joint Managing Conservatorship

JMC means that both parties share parental rights and responsibilities, as the name implies. However, it does not mean that both parents will share rights equally.

Since the court decides such matters based on the child's best interest, one parent can have exclusive rights to certain decisions even in joint managing conservatorship.

In a JMC, the court will decide specific responsibilities and possession conditions separately.

Sole Managing Conservatorship

Sole managing conservatorship (SMC) in Texas is when one parent has the exclusive right to make most decisions about a child. These decisions include the child's education, medical care, and whether the child can marry before 18.

Other decisions include:

• Primary residence
• Medical & dental treatment
• Psychiatric & psychological treatment
• Receiving child support
• Child’s education

A court will only appoint one person as managing conservator in rare circumstances when doing so is in the child's best interests. 

Some reasons why the court might grant one parent SMC and not the other include:

• History of family violence or neglect
• History of criminal activities include drugs and alcohol
• Absence from the child’s life
• History of extreme conflict regarding educational, medical, and religious values

More Questions About Conservatorship? Give Us a Phone Call at (512) 271-2063!

How Is Child Custody Determined in Texas?

If you are going through a contested divorce, the decisions regarding conservatorship and possession will be in the judge's hands. 

The judge will consider several factors to make a decision they believe is in the best interests of the child.

These factors may include which parent has historically cared for the child, any history of abuse, any existing criminal records, and more.

In a collaborative or uncontested divorce in Austin, you and the other parent of your child have the opportunity to come to a decision on your own. 

Is Texas a 50/50 Child Custody State?

Yes, Texas is a 50/50 custody state, and fathers can receive equal custody of their children. 

The custody law in TX explicitly states that courts cannot discriminate based on sex when deciding custody. 

Suppose both parties agree on custody. In that case, both parents can give the proposal to the judge in the family court for approval. 

Get Legal Counsel for Child Custody Today

Our firm understands how hard negotiating custody of your child can be. 

We want to deliver the loyal, understanding legal representation you need to handle the case with conviction. 

Contact us today to schedule a consultation with an experienced family law lawyer. 

You can work with an experienced child custody lawyer in Austin from the office of Attorney Melissa Williams and amicably resolve your dispute.