Child Custody Lawyer
At Slav Law, our experienced child custody lawyers understand the complexities of custody cases in Texas. A Suit Affecting the Parent-Child Relationship (SAPCR) is the legal name of what’s more commonly known as a custody case. A SAPCR establishes conservatorship, possession schedules, and child support. In other instances, it may cover additional issues for a child and co-parents, such as communication between parents, extracurricular activities, electronic communication with the child, therapy for the child, a co-parenting facilitator for the parties, and many more possible areas.
Looking for child custody lawyers in Austin? Slav Law provides expert legal services for custody, child support, and international child custody.
It is important to note the limitations of the Holley Factors. Though the court may use these factors in any case regarding conservatorship and possession, Holley v. Adams was a termination case, in which one parent sought to legally terminate the rights of the other. Most family law cases are seeking to establish or modify the parent-child relationship, not terminate it outright. The factors, therefore, may provide less insight when comparing parents and households that are similar.
Another limitation of the Holley Factors is that they are neither explicitly required to be used by the courts nor exhaustive. A court may consider additional relevant factors beyond these, if they even apply the Holley Factors at all.
Finally, the Texas Family Code contains legal presumptions that certain things are in the best interest of the child. For example, it is presumed to be in the best interest of a child that the parents be joint managing conservators. In most cases, it is necessary to rebut that presumption if one parent is seeking to be a sole managing conservator. Therefore, the Holley factors might not be as helpful to establish the presumption is true.
International Child Custody
Navigating the complexities of international child custody can be overwhelming. At Slav Law, our experienced attorneys specialize in cross-border custody disputes, providing the expertise you need to protect your parental rights and your child's well-being. We are committed to guiding you through every step of the legal process, ensuring that you are well-informed and prepared to face the challenges ahead.
Why Choose Slav Law
At Slav Law, our dedicated team of family custody lawyers is committed to providing you with expert legal representation. Whether you are dealing with a modification of custody orders or need assistance with fathers' rights, we have the knowledge and experience to guide you through the legal process.
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This is the space to introduce the Services section. Briefly describe the types of services offered and highlight any special benefits or features. Encourage site visitors to learn more by exploring the full list of services offered.
This is the space to introduce the Services section. Briefly describe the types of services offered and highlight any special benefits or features. Encourage site visitors to learn more by exploring the full list of services offered.
This is the space to introduce the Services section. Briefly describe the types of services offered and highlight any special benefits or features. Encourage site visitors to learn more by exploring the full list of services offered.
FAQs
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Holley Factors
When determining issues of conservatorship and possession of and access to a child, Texas Family Code § 153.002 establishes that the best interest of the child is the primary consideration of the Court. The code does not explicitly state what the Court must consider when determining the best interest of the child. Where the statute falls short, case law provides insight on helpful factors that a Court may consider.
In Holley v. Adams, the Texas Supreme Court delineated nine factors that courts regularly apply when determining the best interests of the child. This list went on to be known as the Holley Factors. These factors are often used by professionals in family law matters, such as a Guardian Ad Litem or an Attorney Ad Litem, as they present what they believe to be in the best interest of a child and the basis of that position. The nine Holley Factors are:
The desires of the child
The emotional and physical needs of the child now and in the future
The emotional and physical danger to the child now and in the future.
The potential abilities of the individuals to promote the best interests of the child.
The programs available to assist these individuals to promote the best interest of the child.
The plans for the child by these individuals or by the agency seeking custody.
The stability of the home or proposed placement.
The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one.
Any excuse for the acts or omissions of the parent.
Full Custody
The most common question that clients ask is, “How do I win full custody?” However, in Texas, this notion of full custody is almost never applicable and is only achieved if one parent’s rights are terminated. Generally, when asking about “full custody,” someone is asking to be the parent with the exclusive right to determine the primary residence of the child, more commonly known as the primary parent. If you are appointed as the parent with the exclusive right to designate the primary residence of the child, then most often, the other parent will have possession of the child pursuant to the Texas Family Code Standard Possession Order, which allows both parents significant time with the children. However, equal possession schedules, or 50-50 arrrangements, are also becoming more popular. No matter what kind of visitation and possession schedule you think is in your child’s best interest, it can be affected by where the county and judge hearing your case. That’s why it’s important to consult with an attorney familiar with the judges and county in which your suit will take place
As experienced custody lawyers in Austin, we are familiar with the local courts and judges and can provide the guidance you need.
Custody
A parent’s rights and obligations are established either in a Final Decree of Divorce or through an original SAPCR. An original SAPCR is what’s used by parents who were not married. For parents who were married, the Final Decree of Divorce will always include a parenting plan addressing the same topics. Modifications are suits to change the current orders, which may have been established during a divorce or a SAPCR. While these suits may seem similar, they have different burdens of proof and are governed by different parts of the Texas Family Code. It is important that you understand the different burdens of proof as you navigate your case through hearings, mediation, and trial.
Our firm is well-versed in handling child custody modifications, and our child custody modification attorneys are ready to assist you.
Expertise in International Law
Our team is well-versed in both domestic and international legal frameworks, including the Hague Convention and federal statutes like the International Parental Kidnapping Crime Act (IPKCA).
Personalized Legal Strategies
We understand that every case is unique. We develop customized legal strategies tailored to the specific circumstances of your situation.
Dedication to Client Advocacy
Your family's best interests are our top priority. We are committed to providing compassionate support while aggressively advocating on your behalf.
Why Choose Slav Law for International Custody Matters?
Child Support
In addition to custody matters, we also assist clients with child support issues. If you are searching for a child support attorney near me, our team at Slav Law is ready to help. We provide experienced legal counsel in matters of child support calculation, enforcement, and modification.
Schedule a Consultation with a Custody Attorney
A parent’s rights and obligations are established either in a Final Decree of Divorce or through an original SAPCR. An original SAPCR is what’s used by parents who were not married. For parents who were married, the Final Decree of Divorce will always include a parenting plan addressing the same topics. Modifications are suits to change the current orders, which may have been established during a divorce or a SAPCR. While these suits may seem similar, they have different burdens of proof and are governed by different parts of the Texas Family Code. It is important that you understand the different burdens of proof as you navigate your case through hearings, mediation, and trial.
Our firm is well-versed in handling child custody modifications, and our child custody modification attorneys are ready to assist you.