Austin Child Custody Lawyer

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Family law matters are sensitive but when children are involved, they can become overwhelming and are often contested. Matters of child custody are among the most complex issues one can face in the realm of family law. Whether you and your 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. We handle contentious issues regarding child custody law in Austin and will work to find a solution that best suits your child's needs.

Understanding Legal & Physical Custody

With two decades of experience, our firm can be trusted to resolve even the most complex custody problems. Before stepping into negotiations or the courtroom, it is best to understand Texas law regarding conservatorship, possession, and support.

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)

Just like the name implies, JMC means that both parties share parental rights and responsibilities. However, it does not mean that the rights will be shared equally. Since the court decides such matters based on the best interest of the child, it is possible for one parent to have exclusive rights to certain decisions even in joint managing conservatorship. In a JMC, specific responsibilities and possession conditions will be decided separately.

On the other hand, SMC is when only one parent is allowed the right to make certain decisions. These include matters such as:

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

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

How Is Custody Determined?

If you are going through a contested divorce, the decisions regarding conservatorship and possession will be in the judge's hands. The judge will take into account a number of factors to make a decision they believe is in the child's best interests. 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, you and the other parent of your child have the opportunity to come to a decision on your own. If both parties come to an agreement regarding custody, the proposal can then be given to the judge in family court for approval. You can work with an experienced Austin child custody lawyer from the office of Attorney Melissa Williams and amicably resolve your dispute.