Austin Contested Child Custody Attorneys
Protecting Your Parental Rights and Preparing for Court
When parents can’t agree on a child custody arrangement, the case becomes what’s known as contested child custody. These situations can feel incredibly emotional and overwhelming, especially when both parents are doing their best to fight for what they believe is right for their child. At Deyerle Silva Smith, PLLC, our experienced family law attorneys guide parents through every stage of a contested child custody case, from the initial filing to the child custody evaluation process.
What Does Contested Child Custody Mean in Austin?
A contested child custody case occurs when parents cannot agree on one or more issues related to custody. This may include:
- Where the child will live
- How parenting time will be shared
- Decision-making authority over education, medical decisions, or psychological/psychiatric decisions
If you’re facing a contested child custody dispute in Texas, it’s important to prepare with the help of experienced legal counsel. The court will make decisions based on the best interests of the child, and the evidence you present is important for the outcome of your case.
How Texas Courts Decide Custody in Contested Cases
In a contested child custody case, the court examines several factors to determine the child’s best interests, including:
- Each parent’s ability to provide a stable home
- The emotional and physical needs of the child
- The relationship between the child and each parent
- Any history of family violence, abuse, or neglect
To prepare effectively, you’ll need to gather documentation, witness testimony, and in some cases, undergo a child custody evaluation.
What Is a Child Custody Evaluation?
A child custody evaluation is a formal investigation performed by a court-appointed professional, usually a psychologist. The evaluator will interview both parents, observe interactions with the child, and may speak to teachers, doctors, or other relevant parties. The purpose is to provide the court with a neutral, evidence-based recommendation about what custody arrangement serves the child’s best interests.
If your case includes a child custody evaluation, understanding what to expect can help you feel more prepared. Everything you say, every document you provide, and every interaction with the evaluator can influence the outcome of your contested child custody case.
What Happens During a Child Custody Evaluation?
Here’s what you can expect if the court orders a child custody evaluation:
- Interviews: You and the other parent will be interviewed separately and possibly with the child present.
- Home Visits: The evaluator may visit your home to assess the living environment.
- Psychological Testing: In some cases, psychological assessments are included to evaluate each parent’s mental health.
- Collateral Interviews: Teachers, therapists, and family members may be contacted.
- Final Report: The evaluator submits a written report to the judge, which can strongly influence the final custody decision.
Your Austin family law attorney will help you prepare for each step and ensure you and your child’s rights are protected throughout the contested child custody process.
How to Prepare for a Contested Child Custody Case
Proper preparation can make all the difference in a contested child custody dispute. Here’s how to get started:
- Gather Documentation: Keep records of your involvement in your child’s life—school events, medical visits, extracurricular activities, and more.
- Maintain a Parenting Journal: Log daily interactions, pickups/drop-offs, and any issues or incidents.
- Follow Court Orders: Even if temporary, following custody and visitation orders demonstrates responsibility.
- Avoid Conflict: Courts favor parents who encourage the child’s relationship with the other parent.
- Work with Your Family Law Attorney: An experienced Austin family law attorney will help you prepare thoroughly for court appearances, hearings, and the child custody evaluation process.
Hiring an Austin Contested Child Custody Lawyer
At Deyerle Silva Smith, PLLC, we’ve helped many parents navigate the emotional and legal challenges of contested child custody cases. We understand how deeply these situations impact your life, and how important it is to protect your bond with your child. That’s why we take a thoughtful and strategic approach tailored to your unique circumstances.
From the initial consultation, our Austin family law attorneys will help you prepare for every phase of the process. Whether you’re gathering documentation, responding to motions, or getting ready for a child custody evaluation, we’ll stand by your side to ensure your voice is heard and your child’s best interests remain the focus.
If you’re facing a contested child custody case or preparing for a child custody evaluation, schedule a consultation with the child custody attorneys at Deyerle Silva Smith, PLLC today.
Our expertise includes:
- Contested Child Custody
- High Conflict Child Custody
- LGBTQ Child Custody
- Conservatorship
- Visitation Rights
- Child Support
- Modification of Child Custody Orders
- Relocation
- Paternity
- Parental Alienation
Achieving the best outcomes
See what our clients are saying about their case outcomes.