Child Custody Lawyers in Austin, Texas
Some states use their own terminology for custody — Texas, for example, calls it "conservatorship." Courts determine which parent has the right to make major decisions for the child (managing conservator) and where the child primarily lives. The guiding principle is always the best interest of the child. A custody attorney can help you make a strong argument and pursue the arrangement that works best for your family.
Child Custody Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Child Custody Situations in Austin
- Initial custody determination during divorce
- Custody modification due to changed circumstances
- Relocation disputes when a parent wants to move
- Enforcement of existing custody orders
- Grandparent or third-party custody rights
- Interstate custody disputes
Frequently Asked Questions
What factors do courts consider in custody decisions?
Courts consider the child's emotional and physical needs, each parent's ability to provide care, the child's wishes (if 12 or older), stability of each home, any history of domestic violence or substance abuse, and the willingness of each parent to support the child's relationship with the other parent.
Can a father get primary custody?
Yes. State custody laws do not favor one parent over the other based on gender. Fathers have equal rights to pursue primary custody, and courts decide based solely on the best interest of the child.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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