Austin Child Custody and Visitation Attorney

Disputes over custody or visitation (possession and access) can be incorporated within a divorce case or a stand-alone custody case. Sometimes these matters arise after previous orders have already been entered and a need has arisen to modify them. Regardless, custody, possession and access is a serious concern for parents. After all, the more time a child is authorized to spend with one parent – the corollary is true as well – the child spends less time with the other parent.

Board Certified in Family Law

James W. Evans has been practicing law for over 17 years. After becoming a father 7 year ago, Mr. Evans focused his practice exclusively on the area of family law. Mr. Evans is Board Certified in Family Law by the Texas Board of Legal Specialization. Married to a former elementary school principal and as a father of two, Mr. Evans understands how deeply emotional and the overall importance of the custody and visitation issues. We also have experience in dealing with cases involving children that have special needs (medical, emotional, educational, mental health related or otherwise).

Austin Child Custody Attorneys: Our Practice Areas

If you or someone you know is going through or considering a child custody situation, our Austin child custody attorneys offer legal representation in the following areas related to custody and visitation:

· Custody disputes
· Possession and access or visitation disputes
· Modification of prior custody or visitation orders
· Paternity disputes
· Establishment and modification of parenting plans
· Child relocations
· Adoptions
· Grandparent rights
· Education planning and special needs planning
· Child Support
· Protective and Restraining Orders to protect children
· Enforcement of child support
· Enforcement of child custody
· Enforcement of child visitation

Each child custody case is unique and what happens will largely depend on the particular circumstances of the family. Significant issues to consider:

· Who has primarily been the child’s caretaker?
· The living arrangements of the parents?
· How close or far apart do the parents live?
· What are the parents’ working hours, travel requirements?
· What support network is available to both or one of the parents to assist with meeting the needs of the children?
· What circumstances prevent or allow a parent to truly meet the needs of the children?
· Instability, such as moving or frequent changes in school for the children
· Ability of parents to cooperatively parent and communicate with the other
· The parenting ability of each parent
· A parent desires to relocate, significantly affecting the other parent’s ability to see the children
· Your children’s ages and circumstances
· The criminal history of a parent
· Domestic Violence, Physical or Mental Abuse, Sexual Abuse
· Are one of the parents or someone they live with have criminal history?
· Are one of the parent or someone they live with a registered as a sex offender?

Our Austin custody and visitation attorneys at James W. Evans Law Office understand these issues. Our attorneys are parents themselves. Our staff includes a former elementary school principal. We are experienced in assessing and evaluating custody, possession and access or visitation issues.

Regardless, there is much riding on the outcome of your case. Our goal: get it right and get a plan in place that truly meets the best interest of your children in short and long term.

The Austin child custody attorneys at James W. Evans Law Office have over 17 years of practice and are experienced in child custody, child possession and access, and child visitation issues and can professionally guide you through the various options available to you and craft language around your particular circumstance to make your parenting plan work in yours and your child’s best interest.

Our Attorneys are Creative and Think Outside The Box

Do you really believe the Court’s know what’s best for your children? The Austin child custody attorneys at James W. Evans Law Office believe that you as child’s parent know what is in your child’s best interest. It is an area that is often overlooked by many family law and so called child custody attorneys.

The family code authorizes and encourages parents to reach agreement on such matters. Many, many parents facing child custody situations get stuck what is “standard”. However, this is not always what is truly in the best interest of your children. What if we are dealing with the schedule of a pilot? A firefighter? A policeman? Someone who works nights or other “non standard” hours? Under these circumstances it’s essential to be creative and have an attorney who can help you to think outside of the box.

On the other hand, not every case is the same. Each case and each child has their own unique circumstances that must be considered. Let’s face it, a situation with a newborn is nothing like dealing with a 5 or 6 year old. This is nothing like dealing with a teenager who is on the brink of obtaining a driver’s permit or children who have special needs.

More often than I would like to admit, cases involve mental health issues, Domestic violence, criminal history, alcohol or Drug Addiction or physical or sexual abuse. These cases demand experienced, aggressive, and compassionate attorneys who understand these issues first hand. Our practice lead, Mr. Evans, spent nearly 5 years as an assistant criminal district attorney prosecuting crimes involving domestic violence, physical and sexual abuse towards children. We understand these issues firsthand.

Principles to Keep In Mind To Get Maximum Parenting Rights & Visitation

In 1995, the Texas Legislature formally incorporated into the law that “it is the policy of this state to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and encourage parents who share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage.” Tex. Fam. Code § 153.001.

Keeping this in mind, the following are important principals to print and put into daily effect, regardless of gender, to get maximum parenting rights and visitation with your children.

(1) First, you win more flies with honey than vinegar. If you value the ability to be equally involved the major decisions of your children, be nice and avoid conflict. Constant conflict practically guarantees that the court will not award the rights and decisions related to the children equally between the parents. Why put two people who can’t even agree that the sky is blue in the position of having to agree on a significant decision over their child’s educational planning? Often the court’s approach this from this perspective: someone has to make the decision and if the parents can’t get together and work these things out for the betterment of their children – the judge who has never known you or you children and has heard all of maybe 1 to 2 hours of testimony will make that decision for you. The result: no one wins.

(2) Second, generally speaking calling the police or Child Protective Services is a really, really, bad idea. There is no trophy in custody disputes for who calls the police the most times. However, it surprises me in some cases how often a parent will call the police on the other parent. Generally, absent an emergency or a situation involving abuse or risk of physical injury the police will not get involved in custody disputes. This is especially true where parents do not have orders from the Court. As far as CPS is concerned, be careful what you ask for. First, false reports of abuse can seriously boomerang and come back to reflect very poorly on the parent reporting the alleged abuse. Second, if CPS actually removes the Children you are now fighting a completely different battle than a private custody dispute. In most cases, this simply prolongs the case, increases costs, and guarantees litigation. Obviously, in genuine emergencies you need to call 911 or CPS as appropriate.

(3) Third, “take the high road”. As frustrating as it can be when dealing with an obsessive, controlling, and manipulative spouse while your case is pending – generally the party who is smart about their legal tactics and who takes the high road usually prevails in the long run. Rest assured, conflict kills the opportunity to be equally involved or have expanded time you’re your children beyond that which is the “standard possession schedule” in Texas. In the end what is intended to convey is this: use your judgment and follow the mantra “just because you can, doesn’t mean you should”.

(4) Fourth, get involved. Who is your child’s principal? Do they currently take any prescriptions? Home room teacher? What size clothing do they wear? Who is their pediatrician? When was their last appointment? What size shoes do they wear? What allergies do they have? Are their any special educational issues? Who is the swim coach? Soccer coach? If you have not attended parent teacher conferences: start. Go talk to the pediatrician. If where your children will go to school is an issue, research the school and be able to articulate clearly your concerns. Go to each possible school, including those suggested by your spouse, and meet with the teachers or principal. What about extra-curricular and summer planning? What unique things do you do with your children? You get the idea.

(5) Fifth, start thinking in terms of “permanency”. Courts truly do want to err on implementing a parenting plan that produces the least amount of disruption and change in the lives of the children. This means, whenever possible, they stay in the same child care, school, pediatricians/specialists, tutors and residence. While the case in pending, you need to begin thinking and planning your life after the case is final. Ideally, your residence, job, transportation needs, pick up and drop off for the children for visitation and education will all be planned around the children’s primary residence and school. The closer, more flexible, and accessible you are to the Children the more likely you are to be able to position yourself to being more significantly involved.

“Best Interest” Standard

In applying any or all of the above, the overriding standard is always that which is “in the best interest of the child”. This is the standard that the court’s and judges are required to guide them when making every decision regarding your children. There is no definition of “best interest” and this broad principal gives much discretion in making decisions related to the Children before the Court. However, there are some guiding principals that have been determined by the Texas Supreme Court in a case that set forth what are known as the “Holly” factors. See Holley v. Adams, 544 S.W.2d 367 (Tex. 1976). Some of the factors the court may consider when making a determination of what’s in the Child’s best interest are the following:

(a) which parent will best provide for the child’s physical, psychological, and emotional needs and development, both now and in the future;

(b) whether either parent poses any emotional danger to the child now or in the future;

(d) each Parent’s future plans for the child – such as living, education, physical needs, social and family support (hint, hint: “permanency”);

(e) each Parent’s ability to reach shared decisions in the child’s best interest;

(d) the extent to which each parent encourages and accepts a positive relationship between the child and the other parent;

(e) whether either parent ever made a false report of child abuse;

(f) the present fitness & recent past conduct of a parent and their present fitness to care for the child.

If you have questions, contact our Austin child custody attorney at James W. Evans Law Office today. We offer free consultations. We are compassionate, experienced, and aggressive when your case requires. Put the experience of the Austin family law divorce attorney at James W. Evans Law Office to work for you. To discuss your case, call us at (512) 628-2550 or email Mr. Evans directly at jimmy@evansflg.com.