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Child Custody Lawyers

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Child Custody lawyers serving you with compassion

A child custody lawyer from The Carlson Law Firm knows just how difficult and exhausting these cases can be. Our lawyers understand that when children are involved emotions run high. When it comes to determining custody, child support and visitation rights, you will be focused on ensuring that your childrenā€™s best interests are the first priorityā€”and so will our firm. It is an emotional situation that can be handled with the assistance of a family law attorney from our firm. Our Child Support Lawyers can help you make modifications if your financial situation changes or enforce current orders. A Carlson Law Firm custody attorney considers many factors that are part of a child custody case and the familyā€™s previous lifestyle to try and develop a plan that makes sense.

Our child custody lawyers serve the following counties:

The Carlson Law Firm has nearly 50 years of experience supporting clients through child custody matters. If you have family law concerns, contact our Child Custody and Child Support Lawyers to schedule a free consultation.

As a Veteran-Owned law firm, The Carlson Law Firm proudly represents military members in our community needing a family law attorney. Our divorce attorneys are here to help you navigate divorce or child custody arrangements.

Hiring a qualified child custody lawyer in Texas

According to a 2018 study from Pew, around 24 million U.S. children live with an unmarried parent. It is important that parents understand their rights when taking on fighting for their children’s best interests. Parents generally have to agree on the following types of conservatorship:Ā 

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Sole Managing

Sole managing conservatorship is similar to sole custody in other states, where one parent is granted the exclusive authority to make major decisions for the child, such as those concerning education and medical care. The non-custodial parent, known as the possessory conservator, usually retains visitation rights, while the designation of sole managing conservator may be due to factors like absence, substance abuse, or family violence.

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Joint Managing

Joint managing conservatorship, the most commonly awarded arrangement in Texas, involves both parents sharing decision-making responsibilities for the child. Although one parent may have primary physical custody and decide where the child lives, both parents are encouraged to actively participate in the child's life, with a possession order determining visitation and time spent with each parent.

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POssessory

The parent not named as the sole managing conservator is usually designated as the possessory conservator, with a Standard Possession Order often used to determine visitation schedules. If a nonparent is named the sole managing conservator, both parents typically become possessory conservators, with the order providing a consistent and predictable routine for the child, covering weekdays, weekends, holidays, and special occasions.

Child Custody in Texas FAQs

In Texas, joint custody (referred to as “joint managing conservatorship”) means both parents share the rights and duties of raising the child, even if the child primarily lives with one parent. Sole custody (referred to as “sole managing conservatorship”) means one parent has the exclusive right to make decisions about the childā€™s upbringing, including education, medical care, and religious training.

In Texas, the perception that courts favor mothers is false. Statistics show that when fathers actively pursue custody and parental rights, they can be successful. Nationally, fathers who seek joint custody or primary custody in court win about 50-60% of the time. In Texas, fathers who fully engage in the legal process and demonstrate their ability to provide for the best interest of the child win joint custody in a significant number of cases, though exact state-specific statistics can vary. It’s important to note that Texas courts do not favor one parent over the other based on gender; instead, they focus on what is best for the child.

Yes. In fact, 90% of child custody cases never make to court because parents can come to a favorable agreement that works best for their families. Courts tend to honor agreements that parents come to on their own.Ā 

Typically, no. The only family law cases where you are entitled to a court-appointed attorney (assuming you meet the income requirements for one) are child protective services (CPS) cases, when your parental rights are being terminated, or when there is a possibility of jail time (i.e. for failure to pay child support).

Bell, Coryell, Milam, Lampasas, Williamson, Hays, Travis, Bastrop, and Burnet.

The cost of your family law case can vary depending on several factors. Call a Carlson Law Firm location near you to schedule your free consultation.

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Our Family Law Lawyers

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Steve Walden

Partner

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Cassandra Golder

Associate

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Cheryl Powell

Associate

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Roxanne Martin

Associate

E Alejandro Lopez Carlson Law Firm Image
E. Alejandro Lopez

Associate

What does a Child Custody Agreement establish?

Custody Arragnements

The court will decide whether the parents will have joint managing conservatorship (shared custody) or if one parent will have sole managing conservatorship (primary custody), determining who will have the legal right to make important decisions about the child's life.

Visitation Schedule

The court will establish a visitation schedule, specifying when the non-custodial parent will have possession of the child. This often includes details about weekends, holidays, and summer vacations.

Child Support

The court will determine the amount of child support that the non-custodial parent must pay to the custodial parent to help cover the child's living expenses, based on the non-custodial parentā€™s income and the needs of the child.

Insurance & Medical Expenses

The court will decide which parent is responsible for providing health insurance for the child and how any additional medical expenses, not covered by insurance, will be shared between the parents.

Education and Extracurriculars

Courts may address who will make decisions regarding the child's education, including choice of school, participation in extracurricular activities, and responsibility for associated costs.

Parental Communication

In high conflict situations, the court may require parents communicate through applications like Our Family Wizard to help parents manage and communicate about their children. It is used to facilitate communication and reduce conflict.

When Should I Consider Pursuing a Child Custody Claim?

In most cases, you cannot ask the court for a custody modification for at least one year. There are situations when you can pursue a modification prior to one year, but those conditions are extreme. Under normal conditions, attorneys will take on modification cases when there is a substantial change in circumstances. These circumstances include the following:Ā  Ā 

Substantial Change in Circumstances

To successfully modify a custody order, the requesting parent must show that there has been a substantial and material change in circumstances since the last order was issued. This could include changes in the child’s needs, the parent’s living situation, the child’s preference (if they are 12 or older), or other significant factors that affect the childā€™s best interest.

Best Interest of the Child

The court will only approve a custody modification if it is in the best interest of the child. This is the overriding principle in all custody decisions, so any request for a change must clearly demonstrate how the modification would benefit the child.

Agreed Modification

If both parents agree on the modification, they can submit their agreed changes to the court. If the court finds that the modification is in the best interest of the child, it will likely approve the agreed order without requiring a lengthy legal process.

Emergency Situations

In emergency situations, such as when a child is in immediate danger, a parent can request a temporary modification or restraining order to protect the child. These orders can be issued quickly and without waiting for the usual time frames.

While the law allows for modifications when justified, frequent or frivolous requests for changes to custody orders are generally discouraged. The court aims to provide stability for the child, so unless there is a clear and substantial reason, multiple requests for modification in a short period are unlikely to be granted. If you believe that your family needs a custody modification to serve your child’s needs, our child custody lawyers can help.Ā 

How Does Child Support Work in Texas?

Calculation Based on Income

In Texas, child support is calculated as a percentage of the non-custodial parentā€™s net income. The percentage depends on the number of children requiring supportā€”20% for one child, 25% for two children, and so on. The calculation considers the parent’s earnings, deductions, and any other financial obligations, ensuring that the childā€™s needs are met according to the parent’s ability to pay.

Modification of Child Support

Child support orders can be modified if there is a significant change in circumstances, such as a change in the parent’s income, the child’s needs, or the custody arrangement. Either parent can request a review and modification through the court or the Texas Attorney Generalā€™s Child Support Division. The modification ensures that child support remains fair and reflective of the current situation.

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