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.

Please read: Is Texas a 50/50 Custody State?

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.

Important information about What Do Judges Look for in Child Custody Cases?

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.

James Evans

James W. Evans is a board-certified family law attorney and the founder of Evans Family Law Group. With over 25 years of experience, he has built a reputation as a trusted advocate for Texas families navigating divorce, custody, and complex family law matters.
Accolades & Distinctions

Named one of Texas Monthly’s “Super Lawyers” from 2015 – 2022
Named by Martindale as one of the “Top Lawyers in Texas”
9.5/10 rating on Avvo, based on clients’ reviews
Featured as a legal expert on Austin’s local radio station

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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.

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