When your relationship with your child is at stake, you need a parental rights attorney who understands Texas family law. At Smith & Bledsoe Family Law, we help mothers, fathers, and guardians protect custody and visitation rights. Our attorneys have spent years handling custody disputes, establishing paternity, and securing parenting time for clients throughout Central Texas. Whether you face a contested custody battle or need to modify an existing arrangement, our team brings courtroom experience and dedication to your case.
Protecting Your Parental Rights in Texas
Your relationship with your child matters. At Smith & Bledsoe Family Law, we understand parental rights disputes and the emotional toll they take on families. Whether you’re establishing parental rights for the first time, modifying an existing custody arrangement, or defending your rights against a challenge, our Austin parental rights attorneys stand ready to advocate for you.
Parental rights under Texas law give you legal authority to make decisions about your child’s upbringing. This includes custody, visitation, education, healthcare, and religious training. These rights form the foundation of your relationship with your child and deserve strong protection.
Our firm has handled hundreds of parental rights cases throughout Central Texas and has represented mothers, fathers, and guardians in straightforward custody arrangements and in highly contested disputes. We take cases that other attorneys decline and bring the same level of dedication to every client.
Types of Parental Rights We Handle
These parental rights generally fall into two main areas:
Custody and Conservatorship Disputes
Texas law uses the term “conservatorship” rather than “custody.” Understanding this distinction matters because it directly affects your legal rights and responsibilities.
A managing conservator holds the primary right to determine the child’s residence. This person also makes major decisions about education, healthcare, and religious upbringing. Most people refer to this as “custody.” A possessory conservator has the right to possession and access to the child during specified times, which most people call “visitation.”
In many cases, courts award joint managing conservatorship. Both parents share decision-making authority. However, one parent may be designated as the “primary” managing conservator with the right to determine the child’s primary residence. In other situations, one parent receives sole managing conservatorship, giving them exclusive decision-making authority.
Texas courts apply the best interest of the child standard when determining conservatorship arrangements. The court considers multiple factors: the child’s needs, each parent’s ability to meet those needs, the stability of each home environment, the child’s relationship with each parent, and any history of family violence or substance abuse.
Visitation and Parenting Time
Even when one parent holds managing conservatorship, the other parent typically receives visitation rights. Texas courts favor frequent and continuing contact with both parents. They apply standard possession orders that provide predictable schedules for most families.
A standard possession order typically grants the non-primary parent possession on weekends, certain weekdays, and extended periods during summer vacation and holidays. As of September 1, 2025, the Expanded Standard Possession Order (ESPO) is now the default for new cases and modifications within 50 miles of the child’s residence. This provides increased parenting time compared to the traditional standard possession order. However, these orders can be modified to fit your family’s unique circumstances.
In cases involving safety concerns, courts may order supervised visitation. A neutral third party supervises the parent-child contact. We handle both the establishment of supervised visitation arrangements and the modification of these orders when circumstances change.
Establishing and Protecting Parental Rights
The process for establishing and protecting parental rights varies depending on your specific situation. In some cases, parental rights are clear from the outset. In others, you must take affirmative legal steps to establish or protect them.
Establishing Parental Rights: If you’re an unmarried parent, you may need to establish paternity to secure legal parental rights. This process involves either signing an acknowledgment of paternity or obtaining a court order establishing paternity. Once paternity is established, you can pursue custody and visitation rights.
During Divorce: If you’re divorcing, the court will address parental rights as part of the divorce decree. This is your opportunity to establish a custody arrangement that protects your relationship with your child and reflects your family’s needs.
Modification of Existing Orders: Circumstances change. A job relocation, a change in the other parent’s circumstances, or the child’s evolving needs may justify modification of an existing custody order. Texas law requires a “substantial and material change in circumstances” before a court will modify custody. Our attorneys know how to present evidence that meets this standard.
Enforcement: When the other parent violates a custody order, you have legal remedies. This may include withholding visitation, failing to return the child on time, or interfering with your parenting time. We pursue enforcement through contempt proceedings and other mechanisms to ensure your rights are respected.
Parental Rights for Fathers
Fathers face unique challenges in custody disputes. While Texas law provides equal protection to mothers and fathers, outdated assumptions about parenting roles sometimes influence custody decisions. We focus on strong advocacy for fathers’ rights.
An unmarried father must establish paternity to secure legal parental rights. This can be accomplished through an acknowledgment of paternity or a court order. Once paternity is established, you have the same rights to pursue custody and visitation as a married father.
Many fathers worry that courts favor mothers in custody disputes. While research shows that courts increasingly award joint custody and shared parenting time, bias can still influence outcomes. Our attorneys know how to present evidence of your involvement in your child’s life. We demonstrate your ability to provide a stable home and your commitment to your child’s well-being. We counter unfounded allegations and ensure your voice is heard.
Parental Rights for Mothers
Mothers also face challenges in custody disputes, particularly in high-conflict situations. False allegations, attempts to alienate you from your child, or disputes over relocation can threaten your custody rights. We provide strong advocacy to protect your relationship with your child.
Whether you’re seeking to modify an existing custody arrangement, enforce child support obligations, or defend against a custody challenge, our attorneys bring the same level of dedication to mothers’ rights cases as we do to fathers’ rights cases.
Why Choose Smith & Bledsoe Family Law for Your Parental Rights Case
Smith & Bledsoe Family Law focuses exclusively on family law matters. We don’t handle personal injury cases, criminal defense, or business disputes. This focus means we stay current with changes in family law. We know the judges in Travis County and the surrounding areas. We understand the details of custody disputes.
Our managing partner, Christian Smith, has been recognized as a Super Lawyers Rising Star (2023-2025), an Austin Monthly Top Attorney (2023), and a National Association of Family Law Attorneys Top 10 Under 40 Attorney (2019). Our trial attorneys bring years of courtroom experience and a willingness to litigate cases that other attorneys decline.
We maintain 10.0 Avvo ratings (Superb) based on client feedback. Both managing partners hold the highest possible Avvo score. Our clients consistently praise our responsiveness, our advocacy, and our commitment to achieving favorable outcomes even in difficult circumstances.
We also recognize that parental rights disputes affect families of all compositions. We provide inclusive representation to LGBTQ+ families and bring the same level of advocacy to every client, regardless of family structure.
The Parental Rights Process in Austin
Understanding what to expect helps you prepare for your case. Here’s how we typically handle parental rights matters:
Initial Consultation: We meet with you to understand your situation, your goals, and your concerns. We explain your legal rights and options. We discuss our approach to your case and how we can help protect your parental rights.
Investigation and Evidence Gathering: We investigate the facts relevant to your case. This may include gathering documents, interviewing witnesses, and consulting with experts when necessary. Our team works to build a strong foundation for your custody case.
Negotiation and Settlement: Many parental rights cases are resolved through negotiation. We pursue settlement when it serves your interests. We never pressure you to accept an unfavorable agreement. Our goal is to reach a custody arrangement that protects your relationship with your child.
Court Filing and Litigation Strategy: If a settlement isn’t possible, we file the necessary court documents. We develop a litigation strategy tailored to your case. We’re prepared to advocate for your parental rights in court.
Trial Preparation and Representation: We prepare thoroughly for trial. We provide strong representation in the courtroom. Our experience with custody disputes means we know how to present your case effectively.
Post-Judgment Modifications and Enforcement: After a custody order is entered, we help you enforce it or modify it if circumstances change. Whether you need to pursue order enforcement or order modification, we’re here to help.
Frequently Asked Questions About Parental Rights
What is the difference between custody and conservatorship in Texas?
Texas uses the term “conservatorship” instead of “custody.” A managing conservator has the right to determine the child’s primary residence. This person makes major decisions about education, healthcare, and religious upbringing. A possessory conservator has the right to possession and access during specified times. Courts often award joint managing conservatorship, where both parents share decision-making authority. One parent may be designated as the primary managing conservator who determines the child’s residence.
How does Texas determine the best interest of the child?
Texas courts apply a “best interest of the child” standard that considers multiple factors. These include the child’s physical and emotional needs, each parent’s ability to meet those needs, the stability of each home, the child’s relationship with each parent, the child’s adjustment to home and school, the mental and physical health of all parties, any history of family violence or substance abuse, the child’s preferences (depending on age), and the ability of each parent to encourage a relationship with the other parent.
Can I modify an existing custody order?
Yes, but Texas law requires a “substantial and material change in circumstances” before a court will modify custody. Examples include a significant change in either parent’s income or employment, relocation, changes in the child’s needs, or evidence that the current arrangement is not in the child’s best interest. We evaluate whether your circumstances meet this standard. We present evidence to support modification of custody orders.
What if the other parent violates the custody order?
You have several remedies available. You can file a motion for enforcement, which may result in contempt proceedings against the violating parent. Remedies may include makeup visitation, attorney’s fees, or, in serious cases, modification of the custody order. We pursue enforcement to protect your parenting time.
How is child support calculated in Texas?
Texas applies child support guidelines based on the paying parent’s net monthly income. The guideline amount is typically 20% of net income for one child, 25% for two children, 30% for three children, and up to 40% for five or more children. However, courts can deviate from these guidelines based on various factors. Child support can be modified if there’s a substantial change in circumstances, such as job loss or a significant income increase.
What are my rights as an unmarried father?
An unmarried father must establish paternity to secure legal parental rights. This can be done through an acknowledgment of paternity or a court order. Once paternity is established, you have the same rights to pursue custody and visitation as a married father. We guide unmarried fathers through the paternity establishment process. We help them secure custody and visitation arrangements.
Can I relocate with my child?
Relocation with a child depends on your custody arrangement. If you have sole managing conservatorship, you generally have more flexibility. You may still need to provide notice to the other parent. If you share managing conservatorship, you typically need the other parent’s consent or court approval before relocating. We evaluate your specific situation. We help you navigate the relocation process.
How much does a parental rights case cost?
Our fees vary depending on the complexity of your case. We typically charge hourly rates for our services and require a retainer to begin work. We discuss our fee structure during your initial consultation. We provide you with a clear understanding of costs before we begin representation. We also discuss payment options and work with you to manage costs effectively. Contact Smith & Bledsoe Family Law to discuss your specific situation.
Contact Our Austin Parental Rights Attorneys Today
Ready to protect your parental rights? Contact (512) 277-3166 today or complete our online contact form to schedule your free consultation with an experienced parental rights attorney.
We serve families throughout Central Texas, including Austin, Cedar Park, Round Rock, and surrounding areas. We’re ready to help you protect your parental rights.