Parental Rights Lawyer in Austin

When your ability to be present in your child’s life is threatened, everything else fades into the background. Whether you are facing a custody dispute, struggling with an unfair parenting plan, or being kept from your child altogether, you need an experienced parental rights lawyer to help protect your relationship—and your future.

At Smith & Bledsoe Family Law, we focus on what matters most: your bond with your child. We guide parents through the legal system with compassion, clarity, and strategy. If you are in a custody battle or need legal support with your parental rights in Austin, call our team today at (512) 675-2048 or contact us online to get the help you deserve. 

What Are Parental Rights in Texas?

Parental rights are the legal foundation of your relationship with your child. They include the right to make decisions about schooling, religion, and healthcare, as well as the right to spend time with your child and participate in their life.

In Texas, both biological and legal parents have rights unless those rights are modified or terminated by a court. These rights can be shared or assigned to just one parent, depending on what is best for the child.

A parental rights lawyer helps you define, assert, and protect your role, whether you are facing divorce, separation, or other family law conflicts. At Smith & Bledsoe Family Law, we work with parents across Austin to maintain meaningful involvement in their children’s lives through clear parenting plans and fair court orders. 

Paternity and Establishing Parental Rights

If you are a father who was never married to your child’s mother, Texas does not automatically recognize your parental rights, even if your name is on the birth certificate. To establish legal paternity, you must obtain the necessary documentation to gain rights such as custody, visitation, or decision-making authority.

Paternity can be established either by signing an Acknowledgment of Paternity or through DNA testing followed by a court order.

Once paternity is confirmed, you can ask the court for joint custody, put a parenting plan in place, or push back if your right to see your child is being challenged. We help fathers in Austin work through the process step by step so they can stay actively involved in their child’s life. 

Types of Custody in Texas: Legal vs. Physical

In Texas, custody is divided into two main parts: legal custody (called conservatorship) and physical custody (called possession and care).

• Legal custody grants a parent the authority to make significant decisions regarding a child’s upbringing, including education, religion, and medical care.
• Physical custody refers to the child’s primary residence and the division of parenting time between the parents.

Parents may share both legal and physical custody (joint custody), or one parent may have most or all of these rights (sole custody). Some families alternate physical custody on a set schedule while sharing legal custody. Others may have more one-sided arrangements. Courts usually prefer some form of shared custody, unless that would endanger the child.

At our firm, we help you evaluate what kind of custody structure fits your child’s best interests and supports your role as a parent so that you can maintain a strong and stable presence in their life. 

Visitation Rights and Parenting Schedules in Texas

When one parent is granted primary physical custody, the other is typically awarded visitation, referred to in Texas as possession and access. Visitation schedules outline when and how the non-custodial parent spends time with their child and are detailed in a formal parenting plan.

Common types of visitation include:

• Standard possession: A predictable schedule, such as alternating weekends, holidays, and summer breaks.
• Expanded possession: Offers more weekday time or extended visits, often to accommodate work or school routines.
• Supervised visitation: Ordered when there are safety concerns due to issues such as substance abuse, mental health challenges, or a history of neglect or violence. A neutral third party is present during these visits.

Supervised visitation is usually temporary and intended to preserve the parent-child relationship while prioritizing the child’s well-being. We help parents request or challenge supervised visitation orders and support those working toward standard visitation by demonstrating stability, progress, and genuine commitment.

Whether you’re setting up a new parenting plan or need to change the one you have, our attorneys work with you to create a plan that fits your child’s needs and keeps you involved as a parent. 

The Child’s Best Interests Standard

When deciding custody and visitation arrangements, Texas courts prioritize the child’s best interests. This principle guides every decision a judge makes in a custody case.

Factors considered include:

• The child’s emotional and physical needs
• Parental involvement in caregiving and decision-making
• Each parent’s ability to provide a safe, stable environment
• Any history of abuse, neglect, or domestic violence
• The child’s preferences, if they are mature enough
• Whether the parents can cooperate and communicate

If one parent attempts to undermine the other or control the child’s narrative, it can affect the court’s assessment of their fitness. Smith & Bledsoe Family Law helps you present your case clearly and confidently, backed by the facts and guided by what your child needs most. 

Combating Parental Alienation

Parental alienation happens when one parent tries to damage or break the child’s relationship with the other parent. It’s common in high-conflict custody cases or after a separation.

Signs of parental alienation can include:

• Your child suddenly refusing to see or speak with you
• The other parent badmouthing you to your child or others
• Your parenting time is being repeatedly interrupted or ignored
• False accusations that paint you as dangerous or neglectful

If you suspect alienation, it is essential to act quickly. Judges do not look kindly on a parent who tries to erase the other from the child’s life. Our parental rights lawyers document the behavior, gather supporting evidence, and seek legal remedies, including changes to visitation, court-ordered counseling, or even a modification of custody. 

Step-Parent and Grandparent Rights

Families look different in every home. Step-parents often take on parental duties. Grandparents may be essential sources of love and stability. But Texas law does not grant automatic rights to either group.

You may petition the court for visitation or custody if:

• You have raised the child for a significant period
• The child is at risk in their current environment
• One or both biological parents are absent or unfit

These cases are complicated, but not impossible. Smith & Bledsoe Family Law has helped step-parents and grandparents across Austin secure meaningful roles in the lives of children they love. 

Modification of Custody or Visitation Orders

Custody and visitation orders are not set in stone; they can be modified or changed over time. If your circumstances change, you can request that the court revise the terms of the order.

Reasons for a custody modification may include:

• A parent relocating to a new city or state
• Job changes that affect availability
• A decline in the child’s school performance or health
• A change in the child’s preferences
• Evidence of abuse or neglect

If the other parent is no longer acting in the child’s best interests—or violating the existing order—we can help you request enforcement or file for a change. 

Termination of Parental Rights

There are extreme cases where a parent’s rights may be involuntarily terminated. This typically happens when a parent has:

• Abandoned the child
• Been convicted of certain crimes
• Exposed the child to unsafe living conditions
• Repeatedly violated court orders
• Lost custody in prior cases

The termination of parental rights severs all legal ties between a parent and a child. Because it is permanent, Texas courts apply a high standard of proof before granting it.

If someone is trying to terminate your rights—or if you believe another parent poses a serious risk—our team can step in. We handle these complex cases with urgency and compassion, always focused on the child’s safety and well-being. 

Why Legal Representation Makes a Difference

Custody decisions can affect your child’s life for years to come, so having the right lawyer on your side matters. A good parental rights attorney does more than know the law—they help you stay focused, think clearly, and make wise choices when things feel overwhelming.

At Smith & Bledsoe Family Law, we handle only family law cases. We are familiar with the intricacies of Texas custody law and approach every case with compassion and a strong commitment to upholding your parental rights.

We have helped countless families in Austin resolve custody disputes, navigate visitation conflicts, and build lasting parenting arrangements. Our goal is always to protect your relationship with your child and preserve your role as a steady, loving parent. 

Talk to an Austin Parental Rights Lawyer Today

When your child’s future is on the line, you do not have time for guesswork. Whether you are facing custody disputes, parental alienation, or threats to your rights, Smith & Bledsoe Family Law is here to help you take control of your case. Let’s discuss your role as a parent and how we can help protect and support it moving forward.

Contact us online to speak with a trusted attorney specializing in parental rights in Austin.