Austin Child Custody Lawyer — Conservatorship, Possession and Modifications in Travis County

What Is Child Custody In Texas?

कोई बात नहीं पापा,  असल में मुझे आज एक कस्टमर को पेमेंट करना था, इसलिए मैंने आपसे पूछा था। लेकिन कोई बात नहीं, मैं उसे बोल दूंगा कि अगले हफ्ते पेमेंट कर पाऊंगा

The following are some of the things to keep in mind when it comes to custody and visitation determinations:

Conservatorship: The Texas Family Code uses the term “conservator” to describe a party’s relationship with a child. 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.

Possession order: 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. The Texas Family Code sets the standard possession order for most Texas families, but custom possession orders can also be created to meet the needs of the parents and children.

Electronic communication: Sometimes court orders need to outline the specific terms of communication each parent is granted with their children while the other parents have custody of them. The court may sometimes restrict or explicitly allow certain modes of communication — such as phone calls, text messages and emails — that parents may use with their children in accordance with custody orders.

Child Custody Arrangement Options In Texas

When you’re separated from your child’s other parent and don’t have a custody order in place, it’s important to understand your options with regard to child custody. Without an order in place, you may end up entangled in disagreements and uncertainty. A custody order can clearly outline each parent’s rights and responsibilities.

Texas law uses different terms than other states when it comes to child custody. Conservatorship refers to the parents’ legal decision-making authority. There are multiple types of conservatorship arrangements:

• Sole managing conservatorship means one parent has the legal right to make significant decisions for the child, such as where they live, their medical care, and their education. A judge may grant sole custody if the other parent is unfit due to reasons like abuse, neglect or absence from the child’s life.
• A possessory conservator, on the other hand, has visitation rights and can make minor decisions during their time with the child. However, they generally don’t have a role in making major decisions about the child’s life.
• With a joint managing conservatorship, both parents share the rights and responsibilities of raising their child. This doesn’t necessarily mean equal time with the child, but it does mean both have a say in important decisions.

In rare cases, a nonparent can obtain conservatorship if both parents are found to be unfit. All custody decisions are based on the best interests of the child.

Standard Possession Order: Structuring Your Time

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.

Suits Affecting The Parent-Child Relationship (SAPCR)

This broad term refers to court proceedings impacting parents’ and children’s rights. It can address issues such as:

• Custody arrangements
• Custody modifications
• child support
• Paternity

The process for navigating these cases can be complex. It may involve numerous hearings, thorough documentation, meticulous paperwork and court-appointed experts such as child custody evaluators. It’s important to have a skilled attorney by your side throughout the process to help you pursue a resolution that serves the best interest of your child.

Child support in an Austin custody case

Conservatorship and child support are decided in the same order. The parent with the right to designate the child’s primary residence usually receives guideline child support from the other parent — a percentage of monthly net resources up to the $11,700 cap in effect since September 1, 2025 — along with an allocation of health and dental coverage. Equal possession schedules do not automatically eliminate support; courts and agreed orders often use an offset instead. Because the possession schedule, the right to designate residence and the support amount all move together, we negotiate them together rather than one at a time.

Mediation, collaborative divorce and litigation in Travis County custody cases

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.

The issues that come up most often in Austin custody cases

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. Modification. Orders can be changed when circumstances have materially and substantially changed since the last order, or when a child 12 or older expresses a preference about primary residence, subject to the court’s best-interest review (Texas Family Code §156.101).

Common questions about child custody in Austin