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Protecting What Matters Most
Protecting What Matters Most
Not surprisingly, dads are more likely to be the parent seeking advice on how to obtain primary custody of children and they are concerned that courts have a bias against fathers becoming the primary caregiver.
While as recently as ten years ago this may have been the case. Currently the courts in Travis, Williamson, Burnet, and Hayes are most concerned with what is best for the child. This means evaluating individuals: not on the basis of their gender but on the basis of which parent is going to be best the best care giver.
Some of the most decisive questions that could result in the father winning primary custody are: does the child’s mother move around a lot? Does the mother have documented mental health issues (other than depression)? Does the mother have documented previous child protective service issues, a history of abuse, domestic violence, or neglect?
But many situations are less clear cut and that’s when the nuance of the situation becomes more important: does the child have special needs? Is the child in school or out of school? How far apart do the parents live? Another important factor is what is the ability of the parents to cooperate? Is there one parent who can be exposed as non-cooperative through little things like refusing to disclose school schedules or doctor’s appointments?
Mothers do have a distinct advantage in custody decisions when a child is younger than 24 months old. In cases involving a child that young and a father who elects voluntarily to be involved, the courts typically give the father frequent opportunities to bond with the child. What’s important for fathers in situations like these is respect for the process: understanding that maybe things like overnight visits are not warranted, but taking advantage of the opportunities you do have to bond with the child and using that to further expand visitation rights.
The bottom line is that the court is looking for is some indication of who is the more stable parent and who is the more permanent caregiver. Clients should evaluate for themselves: why should a judge trust you in a primary care role with these children?
James Evans is a board certified family attorney who is understands the process to obtaining primary custody and is well qualified to assist with your child custody case.
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.
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.
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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.
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.
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.
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!
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.
Our Bastrop County Divorce Lawyer guides you through the multiple steps of divorce, ensuring your rights and interests are protected every step of the way. Imagine trying to handle a divorce without a knowledgeable guide—it’s like sailing through a storm without a compass. For example, understanding Texas divorce laws, like residency requirements and property division, can be confusing without help. Don’t face this challenging time alone.
Imagine facing the daunting task of dividing assets, determining child custody, and navigating spousal support—all while dealing with the emotional strain of a marriage ending. This is where a skilled divorce lawyer steps in and provides the necessary support to make the process as smooth as possible. A Hays County Divorce Lawyer is dedicated to guiding individuals through the divorce process with knowledge and compassion.
Divorce is a challenging and emotional process that can be overwhelming without the right support and guidance. If you are considering or going through a divorce in Travis County, having a knowledgeable divorce lawyer by your side is imperative. A Travis County divorce lawyer can help you navigate the complexities of local family law, protect your rights, and ensure a fair outcome.
Divorce is a challenging and emotional process. Navigating the challenges of divorce can be overwhelming, especially when you’re unsure where to start. A Williamson County Divorce Lawyer will guide you through the process, ensuring that your rights and interests are protected every step of the way.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney James Evans, who has more than 20 years of legal experience as a family law attorney.
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Effective in and out of the courtroom with 17 years in practice and over 100 jury trials to our credit.
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