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Frequently Asked Questions Regarding Child Custody

When going through a divorce, the most important decisions you make revolve around your children. For over three decades, attorney Catherine Benouis has worked with families throughout Texas. Ms. Benouis can provide the answers you need so you can reach the best possible solutions for your family.

If you have questions about child custody after reading through the questions below, contact Benouis Law Ltd., LLP. Call the Austin office at 512-764-3932 to schedule a consultation today.

What types of custody are available?

Divorcing couples have many different options when it comes to parenting agreements. With sole custody, one parent has physical custody and legal decision-making rights for a child. Joint custody is when both parents split responsibilities. This includes where the child lives and who makes decisions about their health and schooling.

As a grandparent, can I gain custody of a child?

If it is in the best interest of the child, a grandparent can request custody. In doing so, you must explain why the child should live with you instead of their parents. Common reasons include abuse and neglect, drug or alcohol abuse, or the death of their biological parents.

Is it possible to modify a custody order?

Yes. As a child grows older, a family’s custody arrangements may need to change. Remarriage, divorce, job changes or moves may make it necessary for a family to adjust their custody plans. In these situations, you must show the court why it is a good idea to modify your current agreement.

What is an emergency custody order? How do I get one?

An emergency custody order is designed to protect a child who may be in immediate danger. In order to secure one, you must file a petition in court. If the judge grants an emergency order, you can temporarily assume full custody of the child until a permanent solution is found. These will typically only be in effect for a few weeks.

How can I create a parenting plan that works for the entire family?

While it can be difficult to put your personal preferences aside, it is important to keep the best interests of your children at the forefront of every situation. Doing what is most beneficial to them will lead to a healthier, happier future. When possible, communicate with your former partner and negotiate as best you can. Ms. Benouis can help you do this.