Austin Child Custody Lawyer — Conservatorship, Possession and Modifications in Travis County
Our Austin child custody lawyers handle conservatorship and possession in the Travis County district courts.
Nothing matters more to a parent than a child’s safety and well-being. Texas also encourages parents to share in the rights and duties of raising their children after separation. Whether you are a single parent or are in the midst of a divorce, hiring an experienced Austin child custody lawyer can help you secure your rights to conservatorship, visitation and child custody.
At Lackey Law Firm, we understand how challenging and emotional child custody matters can be. With years of experience in family law matters, our team is dedicated to working diligently to pursue the outcome that serves your family.
Talk with an Austin child custody lawyer about your family.
How Child Custody Works in Texas
In Texas, “conservatorship” is the legal term for what most people refer to as child custody.
In most cases, parties can be appointed as “joint managing conservators” of the children with similar rights and duties. In other situations, it may be in the child’s best interest to appoint one party as the “sole managing conservator” and the other as the “possessory conservator” with different rights and duties.
As part of many cases related to the parent-child relationship, the court order will contain a possession schedule that states the days and times children will spend with each party. A Standard Possession Order (SPO) outlines the visitation schedule for the nonprimary conservator. It typically allows the child to spend time with the nonprimary parent on weekends, holidays and during summer vacation. However, it’s important to tailor the schedule to meet your children’s needs.
Initial temporary orders hearings may occur within weeks of filing, establishing interim custody arrangements that may influence final outcomes, making early preparation crucial.
Hiring a child custody attorney usually starts with a talk about your child’s routine and each parent’s role. Your lawyer then gathers the records that show what your child needs. You also get help getting ready for mediation or a temporary orders hearing, with each option explained in plain terms.
Your Austin Child Custody Attorney
Most Austin custody cases settle. Travis County courts routinely require mediation before a contested final hearing, and an agreement reached in mediation becomes an enforceable order once the judge approves it. Collaborative divorce goes a step further: both parents, their attorneys and neutral child and financial professionals work from one plan, and nothing is filed until it is agreed. Alicia Lackey holds a Family Law Mediation Certificate and Collaborative Divorce training and has resolved many of the firm’s custody cases this way. When a parent will not negotiate in good faith, or when family violence or substance abuse is involved, the case is prepared for the courtroom from the start, with the evidence, witnesses and, where needed, a custody evaluation the court will expect.
Alicia knows that a parent who reaches out about custody is often in a crisis. She aims to give each family honest, prompt and personalized service, from the first meeting to the final order.
Schedule a confidential consultation with Lackey Law Firm.
Custody Issues That Come Up Most Often in Austin
- Geographic restriction: Most Travis County orders limit where the child’s primary residence may be (typically Travis County and the counties that touch it), so both parents stay within reach of the child’s school and activities. Changing it later requires a modification and proof it serves the child’s best interest.
- Relocation: A parent who wants to move with the child beyond the restriction needs the other parent’s agreement or a court order. Judges weigh the reason for the move, its effect on the child’s relationship with the other parent, and what the child gains or loses.
- Holidays and summer: The Standard Possession Order sets a default holiday and summer schedule; parents can agree to anything that works for the child, and many Austin families use week-on/week-off or 2-2-5-5 schedules instead of the standard order.
- Enforcement: When a parent withholds possession or ignores the order, a motion for enforcement can result in make-up time, a finding of contempt and an award of attorney’s fees.
Visit Our Austin Office
Lackey Law Firm, Austin Office
12600 Hill Country Blvd, Suite R-275
Austin, TX 78738
Austin Family Law Office
- Lackey Law Firm, P.C. 12600 Hill Country Blvd. Suite R-275 Austin, TX 78738
- 512-501-1618
Talk With a Child Custody Lawyer at Lackey Law Firm
If you need help with a child custody or visitation matter, schedule a consultation at our Austin (Bee Cave), New Braunfels, Fredericksburg, Corpus Christi or The Woodlands offices.
Some cases settle in mediation. Others need to be ready for a final hearing. Either way, our child custody law firm works toward a possession schedule and a decision-making plan built around your child’s needs. To get started, use the contact button on this page and tell us about your family and your goals.
Child Custody Questions From Austin Parents
Will the judge talk to my child?
If the child is 12 or older, the court must interview the child in chambers about conservatorship and primary residence when a party requests it in a nonjury case (Texas Family Code §153.009), and may interview a younger child. The child’s wishes are one factor among many, not the deciding one.
How does the court decide which parent the child lives with?
By the child’s best interest, weighing the stability of each home, each parent’s involvement before the case, the child’s needs and wishes, any history of family violence, and each parent’s willingness to support the child’s relationship with the other parent. Courts tend to preserve the caregiving arrangement that existed before the case was filed.
How do I change a custody order?
File a petition to modify in the court that signed the current order and show a material and substantial change in circumstances since that order: a move, a change in a parent’s work schedule, a child’s new needs, or a child 12 or older asking to live with the other parent.
How much does a child custody lawyer cost in Austin?
Child custody lawyers generally bill hourly against a retainer. An agreed case costs a fraction of a contested one with a custody evaluation and a final hearing. Courts can order one parent to pay the other’s attorney’s fees in some circumstances. We give a realistic range at the first consultation.
