Child Custody
Child custody attorneys in Austin, Texas
At Bollier Ciccone Stinson LLP, our lawyers take your child custody matter to heart. We see it as our personal duty to advocate aggressively for you and your family—while remaining highly sensitive and critically objective to the reality that divorce or separation often negatively impacts children.
We work together with you to ensure the safety and emotional well-being of you and your children, no matter how intense your conflict may be. Whether an agreement or settlement is reached inside or outside of court, we stand ready to leverage your legal position and rights in a manner that is tactical, effective, and realizes your ultimate goal.
Our team of experienced family law attorneys will help you navigate through the many complex issues and decisions inherent in child custody matters.
Child Support, Custody, and Family Law Disputes Including:
Contested Child Support
The Family Code contains rules for determining how much child support a parent should pay. The “guidelines” are just that, and while they are generally adhered to, many family situations present scenarios that would require a court to deviate from those guidelines. The monthly child support payment called for under the guidelines is expressed as a percentage of the average monthly net resources of the obligor parent, with the percentage increasing with the number of children.
However, there are often special issues that require deviation from guideline support, such as the obligor’s resources, other children, or anticipated expenses related to medical or other special needs of the child or children involved. Because each family circumstance varies, the amount of child support will ultimately be determined and tailored to the needs of each child and the circumstances of the parties.
Geographical restrictions and relocations
When one parent moves, or wishes to move, with the child a significant distance from the other parent, the legal and personal consequences can be severe for all involved. When a move or relocation is not agreed upon, it becomes necessary for the court to examine the facts of the case and decide on any geographical restriction or relocation request, always considering the child’s best interests and all overlapping circumstances.
Bollier Ciccone Stinson LLP will guide you through every aspect of the difficult and often complex legal challenges that can arise when one parent wants to relocate with a child. These issues may surface for the first time during a divorce proceeding, or later in a modification action due to a change in circumstances, such as a compelling career opportunity. If your case involves a relocation or a geographical restriction, we understand the relevant court decisions in your jurisdiction and can assess your likelihood of success and fortify your legal position.
Paternity Issues
Under Texas law, a man may be presumed to be the father of a child. However, in a situation where a presumption of paternity exists, the presumption may be rebutted. In some situations, the question of paternity must be litigated in court and genetic testing could be required. The parents of a child could also sign an acknowledgment of paternity to establish the father’s paternity. Lawsuits involving paternity may be necessary to determine parental rights, child custody, or child support.
Texas has also passed laws regarding mistaken paternity, where a man has either acknowledged paternity or has been determined by a court to be a child’s father but, in fact, not the biological father of the child, and did not know so at the time. There are time limits on filing a suit of mistaken paternity, and therefore time may be of the essence in your matter.
Grandparents’ Rights
A grandparent’s access to or custody of a child or children is not granted freely and is often very difficult to achieve. Texas has passed several laws limiting the rights of grandparents in special circumstances. In cases involving a grandparent getting custody of a child, the Texas Family Code provides that a grandparent can file a lawsuit if he or she can show that custody is necessary because the child’s present circumstances would significantly impair the child’s physical health, or emotional development.
Cases involving visitation rights with a grandchild are similarly difficult. In Texas, a grandparent must show that the parent does not have actual or court-ordered possession of the child and the parent is unavailable due to incarceration, death, or legal incompetence. The grandparent must also show that they are being completely denied access to the child and the denial results in significant impairment to the grandchild’s physical health, or emotional well-being.
Conservatorship and possession and access
Conservatorship of a child is a concept in Texas law determining how parents will make decisions and how they are assigned duties on behalf of their child, including which parent will determine the child’s primary residence. Possession and access relates to the schedule of time and access that parents will have with their children.
The Texas Standard Possession Order in divorce provides a default schedule for the division of physical custody or possession and access schedule between the parents. The Standard Possession Order is a guideline for possession and access and is presumed to be in the best interest of children ages three and over.
In our experience, many divorcing parents determine it is best for the child to agree to a custom possession and access schedule that varies from the Standard Possession Order, and which is specific to the needs of the child, the family dynamic, and circumstances. Our firm will help you identify the specific needs of your family and child to create a parenting plan that is in the best interest of the child and fits the needs of your family.
We take into consideration all relevant factors, which could include:
Child Custody Legal Team
How Our Family Law and Divorce Attorneys Can Help
DIVORCE
Comprehensive divorce representation tailored to your needs—from strategic negotiation to high-stakes litigation.
Complex Property Division & Valuation
Expert legal support for complex property division, asset protection, and high-value divorce matters.
Child Custody
Compassionate, strategic guidance through all child custody matters—including support, relocation, paternity, and visitation rights.
Family Violence & Protective Orders
Experienced advocates who act swiftly to protect you and your family from domestic violence through legal action and compassionate support.
Modifications & Enforcements
Responsive legal support to help families adapt to change and ensure court orders reflect current realities.
CONTACT OUR Child Custody Attorneys
If you’re facing a custody dispute or need guidance on your parental rights, the experienced child custody attorneys at Bollier Ciccone Stinson LLP are here to help. We offer strategic, compassionate legal support tailored to your family’s unique situation. Contact us today to schedule a consultation and take the first step toward protecting your child’s best interests.