CHILD CUSTODY

Austin Child Custody Attorney – Protecting Your Parental Rights in Travis County

URGENT: Travis County standing orders automatically restrict both parents from relocating children, changing schools, or modifying childcare arrangements the moment custody papers are filed. Criminal charges like DWI, assault, or domestic violence can trigger emergency custody modifications and supervised visitation orders.

If you're facing charges while fighting for custody, or if your ex-spouse has been arrested, these factors can immediately shift how Travis County family courts allocate parenting time and decision-making rights. Don’t let criminal allegations sever your relationship with your children.

Travis County Child Custody Facts:
• 4,500+ custody cases filed annually
• Emergency hearings available within 24–48 hours
• Mandatory criminal background checks in all custody proceedings
• Allegations of domestic violence trigger automatic supervised visitation
• Standard Possession Order applies by default unless modified
• Geographic restrictions often limit moves beyond Travis and surrounding counties

Types of Child Custody in Texas

Joint Managing Conservatorship
Shared decision-making for education, healthcare, religion — most common setup in Travis County

Sole Managing Conservatorship
One parent holds exclusive rights when the other is deemed unfit due to criminal history, substance abuse, or violence

Possessory Conservatorship
Non-custodial parent has visitation but limited legal authority

Standard Possession Order
Texas default: alternating weekends, Thursday evenings, shared holidays, extended summer visits

How Criminal Charges Destroy Custody Cases

DWI with a child passenger
Triggers CPS investigation and potential termination of parental rights

Domestic violence
Leads to immediate protective orders and restricted child contact

Drug possession (POCS)
Results in drug testing orders, supervised visitation, and parenting class requirements

Assault convictions
Forces visitation to occur in supervised settings only

Sex offense accusations
Can lead to permanent no-contact orders and complete termination of custody rights

Emergency Custody Situations in Travis County

Immediate Danger to Child
Drug exposure, unsafe living environments, or abuse allegations

Parental Kidnapping
Violation of geographic restrictions or removal of child without consent

Mental Health Crisis
When a parent suffers from untreated psychiatric issues or is hospitalized

Custodial Parent Arrested
Allows emergency transfer of custody pending bond or incarceration outcome

Travis County Custody Process: Timeline and Expectations

Filing and Temporary Orders (0–30 Days)
Initial petition, standing orders take effect, and temporary orders set baseline custody

Mediation (Mandatory)
Required in all contested cases before final trial — often resolves core disputes

Social Study / Custody Evaluation (60–120 Days)
Home visits, interviews, and parent evaluations by a neutral expert

Final Trial (6–12 Months)
Judge enters permanent custody orders based on child’s best interests

Custody Modifications: When Circumstances Change

Material and Substantial Change Required
Required threshold for reopening and modifying final custody orders

Top Reasons for Modification:
• Parental relocation for work or remarriage
• Arrests or new criminal charges
• Child’s age or preferences
• Substance abuse relapse
• Domestic violence or protective order violations
• CPS investigations

Protecting Your Custody Rights During Criminal Cases

Unified Strategy Across Courts
We coordinate your criminal defense with custody protection

Bond Condition Negotiation
Ensure bail restrictions don’t block visitation or family contact

Plea Negotiations with Custody in Mind
Certain convictions are custody killers — we prioritize deferred adjudication or dismissal

Immediate CPS Response
If CPS gets involved, we move fast to preserve parenting rights and counter false allegations

High-Conflict Custody Cases We Handle

• Parental alienation – one parent weaponizing the child
• Interstate disputes – UCCJEA cases involving out-of-state parents
• Military deployments – custody protections for active duty personnel
• Special needs children – cases requiring therapeutic orders and care planning
• Grandparent and third-party rights – contested access by non-parents

Facing Multiple Legal Issues Affecting Custody?

We frequently coordinate:

• Criminal defense to protect custody during DWI, assault, or drug cases
• Divorce litigation when parenting and property decisions overlap
• CPS defense in abuse or neglect investigations
• Protective order litigation tied to false allegations
• Immigration defense for parents at risk of deportation
• Military custody protections under federal and Texas law

We protect your parenting rights while fighting your legal battles on every front.

Why Travis County Custody Cases Require Immediate Action

Standing Orders Activate on Filing
You cannot move, alter childcare, or make unilateral decisions

Emergency Hearings Move Fast
If your child’s safety is threatened, we can get court action in 24 hours

Criminal Charges Escalate Custody Risks
Assault, DWI, and domestic violence charges create immediate courtroom disadvantages

School Zones Dictate Jurisdiction
We help you plan around Austin ISD, Round Rock ISD, and surrounding district boundaries

Protect Your Parental Rights – Call RRK Law Now

Don’t lose time with your children due to false allegations, a pending arrest, or strategic mistakes. RRK Law has protected parental rights in hundreds of contested Travis County custody cases — from emergency hearings to final trials.

Free Child Custody Consultation Available
📞 Call 512-436-2779

Serving Austin, Round Rock, Cedar Park, Pflugerville, Georgetown, and all of Travis and Williamson Counties

We Also Help Clients In Cases Involving:

Parental move-aways (relocation)
Grandparents’ rights
Adoption by stepparents, grandparents, and same-sex parents
Child support orders and enforcement
Child custody and child support modifications

Let us help you with visitation and child custody issues. Call 512- 436-2779 now to speak with an experienced divorce and custody lawyer about your situation.

Working through a child custody case is an emotionally exhausting process. The legalities and strain of the case is a big hurdle divorced parents will have to burden.

However, you don’t have to face the difficulty alone. Our experienced child custody attorney in Austin, TX can help you through the process of filing and winning the custody terms of your child.

According to the child custody laws in Texas, either parent can be granted custody based on the welfare of the child. An experienced family law attorney can greatly increase your chances of having a favorable decision. Most of all, it will protect the interest of your child.

Types of Child Custody

In Texas, there are various custody, or conservatorship orders. Here are the types of child custody according to the state laws:

– Sole Custody

On this setup, only one parent will be granted custody. The custodial parent will have full and exclusive rights to decide about the upbringing of the child. That includes visitation or participation of the other parent. The child will only reside in the custodial parent’s residence

– Joint Custody

Most Texan courts prefer joint custody over other arrangements. This is to encourage the child will have a balanced and meaningful relationship with both the parents. The child will reside with one parent and the other is granted visitation rights. Also, both parents will have shared decisions about the child’s upbringing.

– Shared Custody

In this setup, both the parents enjoy custodial benefits. The child has two residences from both parents, and s/he has to live in each one for at least 35% of the year.

– Split Custody

In the event that there’s more than one child, a split custody ruling may be given. This is rare since it will cause siblings to be parted. With that, each parent is entitled to have custody of at least one child.

Texas Mandatory Parenting Class

Divorcing parents are usually required by the Texas court to attend and finish the parenting class before a ruling is observed. This applies to all parents who have minor children and that will undergo child custody proceedings.

This class is intended to help parents deal with the emotional and mental trauma of the separation. Unless the court issues a waiver, both parents are required to finish this class.

Also, the mandatory parenting class is a requirement in the child custody laws in Texas. If you want to increase your chances of securing the custody, you will need to comply with this.

Overall, you don’t have to go through this alone. A family law and child custody attorney in Austin, TX can help you with the complexities of the case. Call the Law Offices of Robert R. Kiesling to schedule a consultation.