Austin Child Custody Lawyer
Children do not typically have a voice in the divorce process, especially if they are under the age of twelve. At Newberry Law, P.L.L.C., we are committed to protecting the psychological and emotional well-being of the children. Austin Child custody cases are lawsuits that affect the parent-child relationship. Our firm’s Austin child custody attorneys are especially aggressive in the courtroom and assertive at the negotiating table when dealing with your children and your relationship with them.
Are you going through a divorce and have concerns about child custody arrangements? Contact our firm today to arrange your consultation with Austin Child Custody Lawyer, Joe Newberry to learn more about your options.
Common Child Custody Issues
A child’s best interests should always be at the forefront of rulings made by Texas child custody courts. However, because of the infinite number of factors that affect your child’s home life, a child’s best interests can be very inconsistent from case to case. In some cases it’s enough for a parent that lives in the best school district to obtain custody. While sometimes a parent lives in a less favorable school district but the judge may grant custody based on being able to provide the most stable home environment.
Most of the time, custody is split in a way where each parent gets have some kind of visitation with their children. At Newberry Law, PLLC we have copious experience fighting for our clients to reach favorable outcomes in issues of:
- Visitation Rights
- Sole Custody
- Joint Custody
- High Conflict Custody
- Primary Custody
In most cases, winning custody of your children is not easy. It’s something you will have to work very hard to achieve. An Austin divorce lawyer can help you make the strongest case to the court for why you should be awarded custody over your ex spouse.
Standard Texas Parenting Plans
Child custody decisions in Texas usually result in the establishment of a “joint managing conservatorship.” That means both parents have legal custody of the children and one parent has physical custody. Legal custody refers to decisions that are made about the children’s education, health care, religion and other matters. Physical custody refers to where the children live. The non-custodial parent shares in the rights and duties of raising the children. The non-custodial parent can agree to almost any amount of possession (commonly known as visitation) time with the children, but most of the time he or she is awarded standard visitation or expanded standard visitation.
As your Austin child custody lawyer, we can offer you the following:
- We will attempt to minimize the negative affects of divorce on your children.
- Secure expert resources to help you and your former spouse reach a creative custody and parenting plan that works for you and your children even if it is not based on Texas guidelines.
- We will go to court to obtain an attorney or guardian for your child if the age of your child and the nature of your case require it.
- Talk to you honestly if what you want to do is not in the best interests of your child.
Child Relocation Custody Lawyer Austin, Texas
One of the most difficult challenges divorcing (or divorced) parents face is the desire of one parent to move. Whether that move is to another town, across the state or out of state, the burden placed on the non-primary parent and the children is substantial. At Newberry Law, P.L.L.C. we handle the various issues parents encounter prior to relocation.
Are you interested in arranging a consultation to discuss child custody and relocation? Whether you are the non-custodial or custodial parent, having a Board Certified Austin Family Law specialist on your case is a good decision, and we can help. Contact our firm today to arrange your consultation with Austin divorce lawyer, Joe Newberry.
Austin Child Custody, Relocation and Geographical Restrictions
Courts tend to encourage geographical restrictions. Keeping the child in a certain geographical area is thought to be a stabilizing influence, because the child’s relationship with both parents is sustained. Frequent access to both parents is known to have a powerful positive influence on the child. However, sometimes a parent must move with the child, such as when a parent has primary conservatorship (physical custody) and that parent’s employer requires a mandatory move, or that parent remarries and is compelled to move because of circumstances beyond his or her control.
Newberry Law, P.L.L.C. has litigated and been successful with both sides of the issue: maintaining geographical restrictions so the child is not moved, and removing geographical restrictions so a child can relocate.
Not only is a geographical restriction case difficult emotionally for the parents and the child, it can be difficult legally, even leading to a change of custody order. Keeping an adult from moving freely about the country runs contrary to the United States Constitution. States have a compelling interest in the well-being of resident children, courts have ruled that states have the right to restrict the child’s movement.
Because of these child custody restrictions, parents may have fears they will be charged with kidnapping. If you are a parent, you want to know what will happen when you move. Our firm can advise you about the limits of the law. Your well-being and your child’s well-being are important to us.
Putting Children First
Judges and courts never like to separate children from their parents. However, Texas family courts also understand that there are a number of very good reasons why a parent must move away. The Austin divorce lawyers at Newberry Law, P.L.L.C. have handled numerous relocation cases. Joe Newberry has seen a wide range of Court rulings in this area. We will give you our honest opinion of your chances to prevail in court for:
(1) preventing your child from being removed from the county or the adjoining counties, or
(2) being allowed to move from the county or adjoining counties.
You must have a good reason to move. That’s true whether you’re moving out of state, 6 hours away, or two counties away. Any move that keeps a parent from being actively involved in the day-to-day activities of his or her child can effectively end meaningful parental involvement. Moving a child away from a parent can strain the parental bond. So asserting a geographical restriction or removing one is a heavily litigated subject. These situations sometimes even result in a change in custody.
The law concerning relocation cases is not black and white. There are no hard and fast answers regarding child custody and move-a ways. Every case is different. Newberry Law, P.L.L.C. will develop the strongest case we can to promote your relationship with your child or children, your parental involvement, and your financial interests, while still protecting the best interests of your child.
Austin Child Visitation Lawyer
Many factors must be considered when parents, attorneys and sometimes judges are required to establish parenting plans. Decisions that must be made include physical custody, child support and visitation. In Texas, standard visitation and extended visitation (outlined below) are usually assigned to the non-custodial parent. At Newberry Law, P.L.L.C., we are attentive to the needs of our clients and to the well-being of their children. We advocate for child visitation plans that satisfy the emotional needs of the children and parents.
Would you like to speak with an attorney regarding child visitation plans? Contact our firm today to arrange your consultation with Joe Newberry.
Parenting Plans in Texas
Parenting time plans in Texas are governed by statutory guidelines. However, you and your divorcing spouse may want to deviate from these guidelines. Try to figure out a schedule that works best for you and your children. Mediation can be a valuable tool for creating such parenting schedules. If you are not the custodial parent, possession (visitation) of the children is considered a privilege and not a duty. Whether you are the custodial or non-custodial parent, we can help create child visitation arrangements that work for you.
Creative Parenting Plans
We pride ourselves on our creative thinking and ability to provide unique solutions to unique problems. Parenting, child custody, and child support plans can be much more flexible if you can reach your own agreement without taking your case to a judge or jury. Mediation can be a valuable tool in reaching this type of agreement. Austin Divorce Lawyer, Joe Newberry is never afraid to try something new. He has helped many satisfied clients achieve parenting plans that are outside the norm.
To arrange your consultation with an Austin divorce lawyer and learn how we can help you and your children with child custody issues, please contact our Austin Family Law Firm today.
Austin Child Support Lawyer
The State of Texas wants to ensure that every child receives proper financial and parental support, so the Texas Legislature has established child support guidelines that govern how much money a parent without primary conservatorship or custody must pay to the primary custodial parent. If you are a parent who is going through the child support process, Newberry Law, P.L.L.C. can help. Contact us today to arrange your consultation.
How is Child Support Determined?
Child support is based on statutory guidelines that use factors such as the number of children, net income and a child’s special needs to determine the amount.
Number of Children: The amount of child support you are expected to pay will be based on your income and the total number of children you are supporting. Texas judges have full authority to order child support that differs from the state guidelines. But without proof that additional support (or less support) is in the best interests of the child, the following state child support amounts will be ordered:
One child = 20% of your net pay
Two children = 25% of your net pay
Three children = 30% of your net pay
Four or more children = 35% of your net pay or more as determined by the court
Texas child support guidelines do take into consideration children you have with other partners by reducing the amount of child support you have to pay.
Upper Income: In most cases, $8,550.00 a month is the maximum amount of net income considered for child support calculations. When the parent who is to pay the child support has historically made more than $8,550.00 net income per month, and the child has grown accustomed to such a lifestyle and advantages such as private school, the amount of support that would typically be ordered under the guidelines may be inadequate to maintain the child’s current needs. In such cases, Newberry Law, P.L.L.C. will take a case to court to request an increase in support payments over and above the $8,550.00 net income cap. Newberry Law, P.L.L.C. has been successful in cases in which the children were entitled to more child support because they had grown accustomed to a more advantaged lifestyle. On the other hand, Newberry Law, P.L.L.C. has litigated cases in which the child support under the guidelines was too high, and has successfully lowered child support to under the guideline amount.
Disability: Child support typically ends at age 18 or when the child graduates from high school, whichever is last, but if your child is disabled or becomes disabled and is unable to care for himself or herself, parents are required to support the child for as long as the child needs support, no matter how old he or she is.
Modification of Child Support Order
Changes in primary custody and significant changes in income can warrant a request for child support modification. Our firm represents parents who want to request modifications as well as those who are contest proposed changes.
Our firm believes that adequate child support can be integral to your child’s well-being. Contact our firm to arrange your consultation and learn how we can help you.
Child Custody Lawyer in: AUSTIN | BEE CAVE | WESTLAKE | DRIPPING SPRINGS | ROUND ROCK | LAKEWAY | BUDA | KYLE | WIMBERLEY | BARTON CREEK | TARRYTOWN | HYDE PARK | PEMBERTON HEIGHTS