Helping Families Build Brighter Futures One Step At A Time

A Caring Child Custody And Parenting Time Attorney Serving The Round Rock Area

If you’re going through a divorce, one of your main concerns is likely about custody. Child custody impacts families in many different ways, but these cases can all be highly emotional and stressful for everyone involved.

I’m Michelle L. Ibeling, a child custody lawyer who understands how difficult it can be to go through the process of determining child custody. Through my firm, Ibeling Law Limited, I represent parents throughout Round Rock and the surrounding area with complex custody issues. With my years of experience and knowledge of Texas custody laws, I can help protect your parental rights and prioritize your child’s well-being when advocating for the custody arrangement you desire most.

Guiding Parents Through The Custody Process

In Texas, child custody is also known as “conservatorship,” and parents are considered joint managing conservators, which is also known as “joint legal custody.” This means both parties share the parental right to make decisions for their child. When families go through a divorce, Texas courts determine custody based on the “best interests of the child.” In the Texas Family Code, this is considered “the primary consideration of the court” when deciding custody. The most common factors the courts consider when making this decision include:

  • The child’s wishes
  • The child’s emotional and physical needs now and in the future
  • Any emotional and physical dangers to the child now or in the future
  • Each parent’s parental abilities
  • The stability of the parent’s home or other proposed placement
  • Any programs available to help parents promote the best interest of the child
  • Any plans made by the parents for the child
  • Any acts or omissions of the parents that may suggest the existing parent-child relationship isn’t proper
  • Any excuses for those acts or omissions made by the parent

There can be other factors the courts consider, such as each parent’s health and financial stability, and the overall relationship of each parent with the child. Courts may award conservatorship to only one parent in some cases, particularly if the other parent faces allegations of:

  • Domestic violence
  • Alcohol or substance abuse
  • Child abuse or neglect
  • Absence or abandonment

If only one parent gets conservatorship due to any of these reasons, they are now the sole managing conservator of the child, also known as “sole custody.” The other parent is known as the possessory conservator and will still have parental rights, but they no longer have final decision-making power over the child. The parent who has main physical custody over the child – meaning the child lives with them the majority of the time – is known as the primary managing conservator. The other parent will have visitation rights to the child.

As an experienced child custody lawyer, I’m familiar with state laws and committed to protecting the parental rights of parents who are seeking custody. I understand how overwhelming this process can be, and my goal is to keep you informed every step of the way. As we go through negotiations or litigation, I will strongly advocate for your right to have custody over your child.

Determining Parenting Time For Texas Parents

Custody orders will include a parenting time schedule that outlines how each parent has access to and possession of the child. The schedule will address all scheduling details, such as exchange times and locations, the length of visits and how to share time during important dates like your child’s birthday, school breaks and holidays. A parenting time schedule is only part of a larger parenting plan, which outlines other details for co-parenting, such as who makes decisions regarding a child’s education, religious upbringing, health care and other necessities. It should also include problem-solving methods for co-parenting disputes.

Do Children Get A Say In Custody Matters?

While, in limited circumstances, the courts may take a child’s desires into consideration, their wishes are not guaranteed to be consistent with the court’s determination. The court reviews all the factors when determining custody, and in some situations, a child’s wishes for which parent they want to live with do not align with what the court deems to fit the child’s best interests.

Get The Child Custody Representation You Need

Child custody battles can be difficult to navigate on your own. If you’re worried about the time you’ll get to have with your child due to divorce, you need a dedicated child custody attorney on your side. I have the skill and experience necessary to guide you through this process and seek a positive outcome for you and your child.

Call my firm today at 512-893-6860 to schedule a consultation or send an email through the online form.  I represent parents in Round Rock and the surrounding communities.