Child Custody Lawyers in Austin, TX

Child custody in Texas

Texas law rarely uses the word custody. The Family Code splits a custody case into two parts. Conservatorship covers the rights and duties each parent holds, such as deciding where the child lives, consenting to medical care and making school decisions. Possession and access covers the calendar: which weekends, weeknights, holidays and summer weeks your child spends with each parent. A final custody order usually settles both, along with child support. If custody is part of a divorce, the same rules apply and the custody terms become part of the final divorce decree.

Every one of those decisions runs through a single test. Under Texas Family Code §153.002, the best interest of the child is always the court’s primary consideration. That standard shapes how family courts in Travis, Hays, Bastrop and Comal counties read the evidence, and it is the question we keep coming back to when we help you plan your case.

Joint custody and sole custody

Most parents talk about joint custody and sole custody. Texas calls these joint managing conservatorship and sole managing conservatorship, and the difference matters more than the labels suggest.

Texas starts from a presumption that naming both parents joint managing conservators is in the child’s best interest (§153.131). Joint managing conservators share parental rights, but joint does not mean a 50/50 schedule. The court still names one parent who has the exclusive right to designate the child’s primary residence, and the order spells out which rights each parent exercises jointly, independently or exclusively. The parent with the primary residence usually has the right to receive child support, which is set under the separate Texas child support guidelines.

A court may name one parent sole managing conservator when sharing rights would not serve the child. Credible evidence of a history or pattern of child neglect, or physical or sexual abuse, prevents a court from appointing joint managing conservators (§153.004), and a finding of family violence removes the joint conservatorship presumption. A sole managing conservator holds exclusive rights such as choosing the child’s home, consenting to invasive medical procedures and psychological treatment, and making education decisions (§153.132).

The other parent is usually named a possessory conservator, with a set schedule of time with the child, unless the court finds that possession would endanger the child’s physical or emotional welfare (§153.191). Whatever the label, both parents generally keep certain rights at all times under §153.073, including access to school and medical records, talking with teachers and doctors, and attending school activities.

How judges decide the child’s best interest

There is no formula. When parents cannot agree, the judge looks at the whole picture of the child’s life. Factors that come up again and again in custody disputes include:

• the child’s physical, emotional and developmental needs, now and as the child grows
• how involved each parent was in day-to-day parenting before the case was filed
• whether each parent can put the child first and make shared decisions with the other parent
• whether each parent supports the child’s relationship with the other parent
• how far apart the parents live
• any history of family violence, abuse or neglect

Several of these come straight from the joint conservatorship factors in §153.134(a). Your child’s own wishes can matter too. If a parent asks, the judge must talk privately with a child who is 12 or older about which parent should decide where the child lives, though the judge still makes the final call. Our article on how a judge interviews your child under Section 153.009 explains what that conversation looks like.

Judges also notice how parents act while a case is open. Missed exchanges, angry texts and comments about the other parent in front of the child tend to show up in court. A pattern of turning a child against the other parent can become its own issue, and we handle parental alienation concerns when they come up. Before your first hearing, read our notes on the courtroom behavior judges appreciate from parents.

The Standard Possession Order

For most families with a child age three or older, the starting point for the schedule is the Standard Possession Order, often called the SPO. Texas presumes the SPO gives a parent reasonable minimum time with the child and is in the child’s best interest (§153.252). When parents live 100 miles or less apart, the SPO gives the parent who does not have the primary residence:

• the first, third and fifth weekends of each month
• Thursday evenings during the school year
• alternating holidays, including Thanksgiving and a split of the Christmas break
• an extended stretch of time in the summer, usually 30 days

Since September 1, 2021, parents who live 50 miles or less apart generally receive the expanded version by default (§153.3171). Weekends run from when school lets out on Friday until school starts on Monday, and Thursday time becomes an overnight, unless that parent declines it or the court finds it is not in the child’s best interest. Parents who live more than 100 miles apart follow a different schedule with fewer, longer visits. For a child under three, the court builds a schedule around the child’s age and caregiving history instead of the SPO (§153.254).

The SPO is the court’s starting point, not a requirement for you. Parents can agree to a different custody arrangement in a written parenting plan, such as alternating weeks, and the court will adopt it if it is in the child’s best interest (§153.007).

Where your child will live

The right to designate the child’s primary residence is often the most contested question in a Texas custody case. When the court appoints joint managing conservators, it must either set a geographic area where the child’s home has to stay or state that there is no restriction (§153.134(b)). A common order limits the child’s home to one county and the counties that border it.

In a fast-growing region, that clause matters. A new job in Austin, a cheaper house farther down I-35 or a new spouse in another city can all run into a restriction. We explain how geographic restrictions work in Texas custody orders, and our article on relocation for Hays County commuter families shows how these moves play out for parents in Buda and Kyle.

What to expect in a custody case

Every family is different, but most custody matters in Central Texas follow a similar path:

1. Filing. A custody suit is filed as a suit affecting the parent-child relationship, either on its own or as part of a divorce.
2. Temporary orders. The court can set temporary conservatorship, a temporary schedule and temporary support while the case is pending (§105.001).
3. Gathering information. Parents exchange documents, and the court may order a child custody evaluation (§107.103) or appoint an amicus attorney or guardian ad litem to look at the case from the child’s point of view.
4. Mediation. Many custody cases settle in mediation. A mediated settlement agreement that meets the requirements of §153.0071 is binding, so it is worth getting the details right.
5. Trial. If parents cannot agree, the court decides. Texas also lets a party ask for a jury on certain conservatorship questions, including who decides the child’s primary residence (§105.002).

Choosing between a judge and a jury is a strategic decision your lawyer should walk through with you. Our article on when a jury can decide custody in Texas covers what a jury can and cannot decide. Our managing attorney, Tyler Key, has served as a guardian ad litem and amicus attorney, so he has seen custody cases from the child’s side. That experience helps us prepare parents for what an evaluator or amicus attorney will look for.

Unmarried parents, grandparents and relatives

If you were not married to your child’s other parent, the custody issues are the same, but there may be an extra step. A father usually needs legal parentage established, through a signed acknowledgment of paternity or a court order, before a court will treat him as a parent in a custody case. Key Law Office handles paternity alongside custody, often in the same suit.

Grandparents and other relatives can sometimes ask for access or conservatorship, but Texas sets a high bar when a parent objects. We cover those standards in our overview of custody and visitation options for grandparents.

Changing a custody order

Custody orders are meant to last, but families change. Under §156.101, a court can modify conservatorship or the possession schedule when the change is in the child’s best interest and circumstances have materially and substantially changed since the last order, among other grounds. A move across the state, a parent who has stopped using their visitation, a child who has turned 12 and wants to talk with the judge, or safety concerns at the other home can all lead to a modification. Learn more about modifying an existing custody or support order.

Child custody cases in Austin and Central Texas

Key Law Office is a family law firm with offices in Austin, Buda, Bastrop, New Braunfels and Victoria. An original custody suit is usually filed in the county where the child lives, so your case may be heard in Travis, Hays, Bastrop, Comal or Victoria County, each with its own family courts and local rules. Austin sits in Travis County, so an Austin child custody case usually goes before the Travis County family district courts. Many of the parents we work with live between those offices, in communities such as San Marcos, Kyle, Lakeway and Caldwell, where a commute across county lines often shapes the possession schedule and the exchange plan.

Working with a child custody lawyer

You do not need every answer before you reach out. It helps to bring any existing orders, a rough calendar of how parenting time works now, and a short list of what worries you most. A child custody lawyer can tell you how Texas law applies to your facts, what a realistic schedule could look like, and what to do first. If you would like to talk through your situation, you can request a consultation with our family law team.