Child Custody FAQs
At Hiller Family Law Firm, our Texas child custody lawyer addresses frequently asked questions to dispel misinformation, clarify misunderstandings, and provide accurate information so you can make informed decisions about your child's unique situation.
What is the most common child custody arrangement in Texas?
Child custody arrangements vary, including legal custody, physical custody, sole custody, joint legal custody, and sole legal custody. Joint legal custody, where both parents participate in decisions about the child's upbringing, is the most common arrangement.
If we were never married, do I still need a custody order in Texas?
If you seek to establish rights to the child, such as custody, visitation, or child support, confirming paternity is necessary. Typically, when a child is born out of wedlock, the mother has sole custody unless a court order states otherwise.
How is child custody determined in Austin?
If parents agree on a custody arrangement, the court will confirm the agreement. If they cannot agree, mediation may be required. If mediation fails, the court will decide based on testimony, a court-appointed guardian's report, and other evidence, always prioritizing the child's best interest.
What is the difference between legal and physical custody?
Physical custody involves the child living with a parent who handles daily needs. One parent may have primary physical custody while the other has secondary physical custody. Legal custody allows a parent to make important decisions about the child's medical care, education, and religious upbringing. Joint legal custody permits both parents to share in these decisions.
Does custody primarily go to one parent in Texas?
No, courts frequently award joint physical custody, joint legal custody, or a combination of both, always considering the evidence and the child's best interest.
Do I need a child custody lawyer in Austin?
While not mandatory, having a child custody lawyer is advisable. Child custody laws are complex, and mistakes can be costly. A lawyer can put you in position for a fair custody arrangement, especially in contentious cases - if there is emotional abuse, you need a lawyer. Cases with emotional abuse - defined as anything beyond physical abuse - will likely be very expensive, though.
Contact a Child Custody Lawyer in Texas Today
For assistance with a child custody case, contact Hiller Family Law Firm. Our Texas child custody attorney will advise you of your rights and guide you through the process. Contact us online or at (512) 360-9100 to schedule a consultation.