A Travis County child custody lawyer handles Suits Affecting the Parent-Child Relationship (SAPCR) — the Texas Family Code term for everything that touches conservatorship, possession, and access to children. RRK Law takes calls from parents starting a SAPCR, defending one, modifying a prior order, or facing an emergency where a child's safety is at issue.
Texas does not use the word "custody" in its statutes. The Family Code uses "conservatorship" (decision-making) and "possession and access" (when the child is physically with each parent). The Standard Possession Order under Family Code Chapter 153 is the statutory default in most cases, but it can be modified by agreement or by court order based on the best interest of the child.
Nothing on this page is legal advice. Custody outcomes are fact-specific. The right approach in any specific case depends on the children, the parents, the history, and any urgent issues already in motion.
Need help now? Call RRK Law: (512) 436-2779 — free consultation for Austin, Travis County, and Williamson County.
How a Travis County SAPCR begins
An Original SAPCR is filed by a parent (or in some circumstances, another person with standing under Family Code Chapter 102) when there is no existing custody order — usually for parents who were never married or who need an order outside of a divorce. The court has jurisdiction if the child has lived in the county for the previous six months.
A SAPCR Modification under Family Code Chapter 156 is filed when an existing custody order needs to change because of a material and substantial change in circumstances. Typical triggers include a parent relocating, a child's needs changing significantly, or a serious problem in one household.
Service of citation on the other parent begins the formal case. The respondent has a deadline to file an Answer under the Texas Rules of Civil Procedure. Failure to answer can result in default judgment.
Conservatorship, possession, and the best-interest standard
Conservatorship (decision-making). Texas Family Code Chapter 153 presumes joint managing conservatorship in most cases, with each parent sharing rights and duties. One parent is typically designated as the parent with the exclusive right to designate the primary residence, often subject to a geographic restriction.
Possession (physical time). The Standard Possession Order under Family Code §153.252 et seq. is the statutory default for children age three and older. It generally includes first, third, and fifth weekends; Thursday evenings during the school year; alternating holidays; and a long summer stretch. The Expanded Standard Possession Order adds time and is increasingly common.
The best-interest standard governs every conservatorship and possession decision under Family Code §153.002. Courts consider the Holley factors — the child's wishes (where age-appropriate), emotional and physical needs, stability, and the parents' parenting abilities, among others — established in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976).
Emergency custody issues
Where a child is alleged to be in immediate danger, a parent (or other person with standing) can seek a Temporary Restraining Order under Texas Rule of Civil Procedure 680 to preserve the status quo and address the immediate concern. A temporary injunction hearing on notice typically follows within 14 days.
Emergency Temporary Orders under Family Code §156.006 allow modification on shorter notice where the child's present circumstances would significantly impair the child's physical health or emotional development. The factual showing has to be specific.
Allegations of family violence trigger separate protective-order remedies under Family Code Chapter 85, which can include orders affecting possession and access during the pendency of the protective-order case.
Local courts and procedure in Travis County
Travis County SAPCRs and modifications are heard in the Travis County District Courts that handle family matters at the Heman Marion Sweatt Courthouse in downtown Austin.
Most contested SAPCRs include court-ordered mediation before any final hearing. The mediator is usually a family-law attorney or retired judge. Mediated Settlement Agreements that comply with Family Code §153.0071 are binding once signed and largely cannot be undone.
Contested issues that do not resolve at mediation go to a final hearing. Jury trials are available on limited issues in custody cases (primarily the designation of the primary residence), but most issues are decided by the judge. Appellate review of custody decisions is highly deferential to the trial court.
How RRK Law handles a Travis County custody case
Call (512) 436-2779. The first call identifies whether the matter is an original SAPCR, a modification, or an emergency, and whether anything needs to happen immediately (TRO, emergency hearing, protective order).
The intake gathers the existing custody order (if any), the children's current schedule, any school or medical concerns, and the parties' communication history. A short engagement letter follows once the scope is clear.
Most custody matters benefit from a measured approach focused on stability for the children and a defensible record. Litigation is sometimes necessary, but most cases resolve through negotiated agreements or mediated settlements.
What does Texas mean by conservatorship?
Conservatorship is Texas's statutory term for what many states call custody — the legal rights and duties parents have regarding their children. Family Code Chapter 151 lists the rights and duties (consenting to medical care, making educational decisions, etc.). Joint Managing Conservatorship is the statutory default in most cases.
Is the Standard Possession Order the only option?
No. The Standard Possession Order under Family Code Chapter 153 is the statutory default for children age three and older, but parents can agree to different arrangements (50/50, week-on/week-off, or other custom schedules) and courts can order different arrangements when justified by the best interest of the child.
Can I get emergency custody if I am worried about my child's safety?
Texas allows emergency relief in appropriate circumstances. A Temporary Restraining Order under Texas Rule of Civil Procedure 680 can issue on a sworn factual showing to preserve the status quo, with a temporary injunction hearing on notice within 14 days. Emergency Temporary Orders under Family Code §156.006 allow modification where the child's present circumstances would significantly impair physical health or emotional development.
Can I move out of Texas with my child after a custody order?
Most Texas custody orders include a geographic restriction limiting the child's primary residence (commonly to the county and contiguous counties, or to Texas). Moving outside the restriction without court permission can violate the order. A modification under Family Code Chapter 156 is the proper way to seek a change in the restriction.
Are these calls confidential even if I do not hire the firm?
Yes. Communications with a lawyer for the purpose of obtaining legal advice are protected by the attorney-client privilege under Texas Rule of Evidence 503, and that protection generally applies to initial consultations whether or not the client retains the firm. Do not include third parties in the call (other than co-clients) because the presence of an outsider can waive the privilege.
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The Law Offices of RRK, LLC represents Austin and Central Texas clients on personal injury, family law, and criminal defense matters. Free consultations. Call (512) 436-2779 or visit rrklawoffice.com.