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Last Modified on Mar 03, 2026
When you are going through a separation and need an effective way to approach the care of your child, a child custody agreement can be a customizable solution that offers both parents a resolution. With that said, trying to navigate Texas child custody laws on your own can be daunting. When you need a Texas child custody attorney to handle your child custody case, Jimmy Vaught of Counsel for the Eggleston Law Firm can help.
Texas Child Custody Laws
In a Texas court of law, child custody, or conservatorship, means the appointment of one or more persons to take care of a child under the age of 18 years. According to state law, there are different types of legal and physical custody that a parent or parents can have. In general, Texas child custody laws also determine child support payments. Three-quarters of custodial parents who receive child support services have a child support order.
Types of child custody in Texas include:
- Sole custody: This type of custody is when a parent is assigned primary physical custody and decision-making responsibilities.
- Joint custody: One parent may be the primary parent for physical custody, but both parents share in the decision-making process.
- Split custody: When parents share more than one child, each child may be assigned to a different parent for physical custody.
- Shared custody: Both parents have legal custody, and the child spends 35% of the year in each home.
- Joint managing conservatorship: Decision-making is done by both parents, even if only one parent has physical custody.
Based on Texas Family Code Chapter 153, the best interest of the child will always be the primary consideration in determining the issues related to child custody. The judge will look at factors such as who the child has bonded with, how each parent relates with the child, how much time each parent spends with the child, and each parent’s overall capacity to provide adequate care.
Joint vs. Sole Custody
In joint custody arrangements, the child spends significant time with both parents. In contrast, sole custody grants one parent the exclusive right to make major decisions for the child. The non-custodial parent may have visitation rights but is not involved in the division-making process. About one in four children under the age of 21 live with only one parent, while the other parent lives outside the household.
Depending on the complexity of your case, the total child custody cost can vary significantly. Nonetheless, having experienced legal counsel on your side can make a big difference in the outcome of your child custody case. Whether you are seeking joint or sole custody, having legal representation to guide you through the laws can increase your overall understanding of how child custody works.
Child Custody Modifications
Change is constant. Today, 40% of births are to mothers who are not married. This results in some children being exposed to a one-parent home during upbringing. This also exposes many children to stepfamilies or living arrangements with other relatives. At the same time, schedules and life situations can change, creating a need to modify child custody agreements as a child’s living arrangements shift.
If you would like to make changes to an existing child custody agreement, you must file all modifications with the court. For a court to consider a modification, there must be a significant change in circumstances, and the change should be substantial enough to warrant a review of the current custody agreement. Examples include relocation, changes in employment, and other alterations in the child’s needs.
Hire a Child Custody Lawyer Today
At Jimmy Vaught of Counsel for the Eggleston Law Firm, we have 40 years of experience in family law, protecting clients’ rights while pursuing creative solutions to difficult legal disputes. When you hire a child custody lawyer on our team to handle your child custody case, you are hiring a professional Texas child custody attorney who knows the ins and outs of Texas child custody laws.
Our firm also understands the courts. In Austin, Texas, child custody cases go through the Family Division of the Travis County District Court. Although the thought of court can be intimidating, our compassionate attorney can walk you through every step of the process, eliminating the need to worry about important deadlines and court-mandated requirements.
With honesty and integrity, we can take care of all the legal hurdles of your child custody case. Divorce and child custody are two of the most stressful areas of family law, but having sound legal counsel can alleviate many of the difficulties individuals face when trying to resolve a child custody conflict. We can work on a solution for you and your family.
FAQs
What Are the Biggest Mistakes in a Custody Battle?
Mistakes parents should avoid in a custody battle include alienating the child against the other parent, unreasonably withholding visitation, losing their cool in front of the child, bad-mouthing the other parent, ignoring court orders, not documenting communication, refusing to cooperate with parenting plans, introducing new partners too soon, and skipping visits or showing inconsistency.
What Are Fathers’ Rights in Texas?
Although mothers traditionally receive sole custody more often than fathers, fathers in Texas have the same legal rights as mothers when it comes to child custody, visitation, and decision-making for the child’s well-being. Texas law recognizes the importance of both parents being involved in raising their children, so fathers are considered equally by the court.
What Should You Not Say in a Custody Battle?
In a custody battle, you should avoid any overly critical statements made toward the other parent. Emotional statements made from anger or resentment can lead to an unfavorable outcome as the judge evaluates both parents involved. It is also advised to avoid any comments or posts about the process on your social media.
When Should I Contact a Child Custody Lawyer in Texas?
You should contact a Texas child custody lawyer as soon as you have concerns about the other parent taking, keeping, or hiding your children from you. You should also seek legal counsel when you need guidance on making modifications to an existing child custody agreement or if you need to respond to the legal actions of the other parent.
Contact Texas Child Custody Lawyer Today
When you need a reputable Texas child custody attorney to help you understand Texas child custody laws and handle your child custody case, look no further than the professional services of Jimmy Vaught of Counsel for the Eggleston Law Firm. With four decades of experience, we can find a solution for you. Contact us to schedule your free consultation today.
