The Role of a Family Lawyer in Child Custody Cases

We all would like to keep every family matter within the family, but if you have to go to court, and particularly if you’re dealing with a child custody issue, having a family lawyer familiar with the court system in Austin, TX and the state family law code can make a huge difference to the outcome of your case. Rest assured that your family law attorney will keep things private and will be a trustworthy ally in this situation.

The Role of a Family Lawyer in Austin, TX Child Custody Cases

Explaining Your Legal Rights and Obligations

One of the most important first rules of your family lawyer will be to educate you about all your rights and responsibilities as a parent under Texas law. This doesn’t mean that your lawyer knows more about being a mother or father than you do: it just means that your lawyer has a full understanding of what the law expects of parents, what the court is looking for in responsible parents, what factors the court will take under consideration as it decides who has custody of the children, the various types of custody, and lots more.

For example, you may not be aware that Texas law does not even use the term “custody.” Instead, it speaks of conservatorship, possession, and access. Child custody cases are often decided through “possession orders.” As another example, you need to be aware that the court’s number one consideration is always “the best interest of the child.” This consideration is more important than the needs, desires, or even welfare of either of the parents, though, of course, the court will strive to make decisions in the best interest of the children that are not overly burdensome to the parents. At the same time, the courts also encourage parents to come to an agreement on their own about how to care for their children.

Helping You Avoid Mediation If Necessary

As stated above, the courts highly approve of parents working together in compromise to come up with something that works for both parents and their children. However, there are some situations where mediation and compromise or simply not in the best interest of the children or possibly safe for you.

When there are issues of domestic violence or abuse, you may need to skip any in-person negotiations and mediation with an ex-spouse and go straight to court to get protective orders for your children and yourself. If that’s the case, you’ll find a family law attorney invaluable in getting that done quickly. Your lawyer will know exactly what evidence the court will want to see and will be able to present it effectively.

Preparing You for Custody Hearings or Negotiations

If you wish to retain or gain custody of your children, you need to be thoroughly prepared for all hearings and negotiation sessions. One of the things that your family lawyer in Austin, TX will do for you is to help prepare you in every way for these sessions. It’s impossible to say what preparation you will specifically need without knowing the details of your case, but in general, you can expect your attorney to help you:

Set Proper Expectations

It’s important to go into these meetings with realistic expectations about what the court is likely to do. It’s very easy in a child custody battle to let emotions take over, especially if you have been wronged personally by an ex-spouse. The truth is, however, that the courts will not necessarily automatically award you custody just because an ex-spouse behaved terribly towards you. They will consider the other parent primarily in light of their parenting history and skills, not their behavior as a spouse when dealing with child custody issues. Your lawyer can help you prepare here.

Get All Information

It’s very important in these situations for both parents to be completely transparent about their assets so the court can make a good judgment about where the children should live, whether child support is right and how much it should be, and other key aspects of caring for your family. The court may want to see everything from pictures of your home to financial documents, real estate titles, tax returns, and much more. Your attorney will help you find and present all of this.

More than that, your attorney can also help you if the other parent is trying to hide assets in an attempt to avoid paying child support. This is more common than it should be, and a good family law attorney has experience with digging into these situations to find out the truth.

Anticipate the Other Parent’s Arguments

If the other parent wants to retain custody, have custody when they shouldn’t, or even take custody from you entirely, you can expect them to throw up a variety of arguments; some of them even perhaps underhanded. A good family law attorney has seen all of these. They know how to anticipate, and they know how to formulate counterarguments on your behalf.

Negotiating and Advocating

When you have to meet with the other parent to negotiate, it can be hard not to let your shared history and hurts get in the way as you discuss what’s best for your children. Even if you both have the best of intentions, this is not an easy situation. One of the key things that an Austin family lawyer does in these sessions is to provide a buffer for the parents. Your attorney will be able to speak on your behalf when necessary, help to cool things off if they get heated, and know how to propose some creative solutions to difficult issues.

Offering Legal Advice

This is something of a given: an attorney is a specialist in legal matters, so giving legal advice is a key aspect of their duties. What this means practically is that they are going to look at any agreements that you and the other parent come to and be able to tell you the full legal implications of those agreements, whether the court will accept them, and what kind of changes you might need to make. For example, they could take a look at a child support agreement and let you know whether it follows Texas guidelines, whether it’s wise in terms of your financial situation, and whether the court is likely to find it acceptable.

Providing Support and Guidance After Judgments

The support of your family law attorney doesn’t stop when the case is finished. It’s common to need to make changes at some point, if, for example, you get a new job or your ex-spouse moves or has another child with another partner. In other cases, you may be facing a spouse who is refusing to honor the agreement that the court has set out. A key role that your attorney plays is protecting you in these cases. They can help you enforce court orders on a recalcitrant spouse or present changes to court orders in ways that the court will accept.

It’s always wisest to work with a lawyer who has experience in child custody and who is dedicated to pursuing your interests while staying focused on the best interests of your child. Talk with us at the Evans Family Law Group today for experienced and trusted help.