How a lawyer can resolve custody disputes

It’s very common for a divorcing couple to get hung up on certain aspects of their divorce. One of the most contentious areas of dispute is usually child custody. An Austin, TX child custody lawyer can help you and your child’s other parent resolve disputes, whether you are in the midst of divorce or trying to work through a child custody order already in place by the courts, and an experienced Austin divorce attorney can help ensure these arrangements align with the overall outcome of your case.

How an Austin, TX Child Custody Lawyer Can Help Resolve Disputes

1. By Keeping You Focused

One of the difficulties when it comes to child custody is the reality that personal feelings are involved for both parents. It’s very easy and natural for one or both parents to become so focused on their personal feelings that it’s hard to get past those to negotiate effectively. Having a third party involved can really help here. Both parents should really have their own lawyer, and the lawyers will represent their own clients’ interests, of course; but they can also do this dispassionately. This means it’s easier for discussions to move forward.

2. By Keeping You Informed

Child custody law in Texas is fairly complex, with lots of terminology and detail that can be confusing and surprising to a person who has never had to deal with it before. For one thing, there is no such thing as “child custody” in Texas law. It’s known as “conservatorship” and there are two types: possessory and managing.

A possessory conservator is a parent who has physical control of the child. In other words, the child lives with them, at least part-time. Managing conservatorship refers to the right and responsibility of a parent to make decisions on their child’s behalf about the most important aspects of a child’s life and development, such as medical decisions, decisions about religious upbringing, and more. Both types of conservatorship can be joint or sole. Also, the two types don’t necessarily track together. One parent can have managing conservatorship and yet not be a possessory conservator, for example. This is just one example of the complications of Texas law that you need to know about in order to properly negotiate child custody, and your lawyer can help you to fully understand.

3. By Negotiating for You

If you and the child’s other parent find it difficult to have a discussion without it evolving into arguments, one option is to talk through with your lawyer what you want for your child and then allow the lawyers to discuss and negotiate without you and the child’s other parent present. If you can take away the personal element, it may be possible to reach an agreement more easily. When each of you speaks to your lawyer instead of directly to the other parent about necessary compromises, it doesn’t feel like you are “surrendering” or “losing” in the same way as it might when you talk directly.

On the other hand, if you are negotiating in person, one thing that your lawyer can do for you is to explain your situation more clearly to the other parent. When emotions run high, it’s not always easy to explain yourself well, and lawyers must be competent communicators in order to be successful in their profession. If you’re struggling to explain to the other parent why a certain custody schedule won’t work for you, for example, your lawyer may be able to do this in a way that keeps everyone calmer and makes it clearer.

4. By Assuring Everything Will Meet Court Standards

Whatever agreement you and your child’s other parent come to has to be signed off on by the court. The court generally is happy to have parents come to an agreement on their own, but the court will also scrutinize these agreements to make sure they are in the best interests of the child. Nothing is as discouraging as finally coming to an agreement only to have the court tell you it’s no good, and they won’t accept it. Having a lawyer can keep this from happening to you. Your lawyer will look over whatever agreement you and the other parent come to and help you understand whether the court will accept it, and, if not, the best way to tweak it so that they will.

5. By Protecting Your Interests

We spoke above about that feeling that you are “losing” when you compromise in direct discussion with the child’s other parent, and particularly if that parent is difficult to work with and insists on turning everything into a win/lose situation. With some people, it’s natural for them to get their backs up in the face of this type of negotiation; but for others, the opposite happens. Rather than push back, they fold. Sometimes it just doesn’t feel like it’s worth it to keep pushing, and the emotional pain involved may seem so great that you feel like retreating.

Your lawyer understands that you’re going through a difficult emotional time, and one of an attorney’s jobs in these situations is to protect your interests no matter what. Your attorney knows when to call a halt to discussions to give you a breather and will help you to stand up to the other parent whenever it’s critical that you do so. In addition, your attorney will review any agreement that you and the other parent come to make sure it actually does promote your interests and is fair to you.

6. By Talking Directly With Your Child

As much as we love our children, and as much as they love us, there are some times when it’s easier for your child to talk to a third party than to talk to you or their other parent. This may not apply in every case, and it certainly doesn’t apply to all aspects of life, but when it comes specifically to the questions of child custody, your child may have a strong feeling on the matter but not feel confident to speak frankly to either of you about what they’re really thinking and feeling.

A family law attorney has experience speaking with children and dealing with families and is a dispassionate third party. Your child may feel worried about saying what they really think because they don’t want to hurt you or their other parent, but they won’t worry so much about hurting the feelings of your lawyer.

Additionally, if you know very well what’s your child is feeling, but you know your child is afraid to tell their other parent, and the other parent won’t listen to you, a lawyer can help. If your lawyer speaks with the child and finds out the same information that you already know, the lawyer can then present this to the other parent in a non-adversarial manner. Coming from a third party like that, it may be easier for the other parent to accept it.

These are just a few of the ways that an experienced family law attorney can help in your child custody case. When you work with a lawyer who has extensive firsthand experience working with families, you are working with someone who knows how to help you resolve disputes and get your family on to the next stage of life as smoothly as possible. Reach out now to Austin’s trusted, experienced, and creative family law firm: the Evans Family Law Group.

Frequently Asked Questions About Family Law in TX

Our Austin family law attorneys handle a wide range of matters, including divorce, child custody, child support, spousal support (alimony), property division, prenuptial and postnuptial agreements, adoption, and modifications of court orders. Whether your case is straightforward or highly contested, our team provides personalized legal guidance to protect your rights and your family’s future.

The timeline for a divorce varies depending on the complexity of the case and whether it’s contested or uncontested. Texas law requires a 60-day waiting period after filing before a divorce can be finalized, but contested cases involving disputes over property, custody, or support can take several months or even longer to resolve.

An uncontested divorce occurs when both spouses agree on all major issues, such as property division, custody, and support. These cases are generally faster and less expensive.

A contested divorce, on the other hand, involves disagreements that require negotiation, mediation, or a court decision. Our attorneys are experienced in both types of cases and can guide you through either process efficiently.

In Texas, the court’s primary concern is always the best interest of the child. Factors considered include each parent’s ability to provide for the child, the stability of each home environment, the child’s relationship with each parent, and, in some cases, the child’s preferences. Our Austin family lawyers work hard to protect your parental rights and achieve an arrangement that supports your child’s well-being.

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Let Our Team Help You

I had a great experience working with Jimmy Evans on my divorce case. He provided excellent counsel and always focused on getting me the best results. He was accommodating and made sure I understood each step of the process. His paralegal, Dina, was also wonderful! She kept communication clear and timely, and I could always count on her for quick updates and answers.

The firm as a whole was efficient, professional, and supportive, which made a difficult process much easier to navigate. I highly recommend Jimmy Evans and his team.

Coral G.

I’m incredibly thankful for the Evans Family Law Group, especially Jimmy Evans and his paralegal, Ashley, for the guidance, support, and compassion they showed me during one of the most stressful and emotionally draining times in my life. From the very beginning, they were responsive, patient, and truly made me feel like I wasn’t alone in the process.

Ashley was amazing to work with. She’s incredibly organized, always on top of every detail, and consistently kept me in the loop about what was going on. Anytime I had a question or concern (and I had a lot!), she was quick to respond and always made sure I understood exactly what was happening. Her calm and professional demeanor gave me a lot of peace of mind during a time when everything felt uncertain.

Michelle I.

Jimmy is arguably one of the best family lawyers in Austin. Cares about his clients and has the track record of recognition to back it up. Rare to find a divorce attorney in Austin with such positive reviews and that should tell you all you need to know! Divorce and custody battles are difficult, hire the right attorney first and get your desired result. If you want what is best for your family, you should hire the best lawyer you can. Jimmy and his team are the answer!

Chase S.

Austin

Are you facing the prospect of a divorce in Austin and unsure where to turn for guidance? Handling the challenges of divorce can be difficult, especially when it involves issues like child custody, property division, and spousal support. Our Austin divorce lawyers are committed to helping you find effective solutions that protect your interests and provide peace of mind during this pivotal time. For personalized legal assistance with your divorce, reach out to Evans Family Law Group today.

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