San Antonio Child Custody Lawyer

The Texas Legislature has adopted a Standard Possession Order that serves as a default schedule for parents who cannot agree on how and when to share possession and access to the children. Factors that can affect or limit a parent’s custody or visitation rights include:

• Drug/alcohol abuse by the parent
• The parent’s criminal background
• A history of mental, physical, and/or sexual abuse by the parent
• The reckless lifestyle of the parent
• Living conditions where the children will stay
• The parent’s ability to provide for the child financially

If none of these or any other extreme factors are present, the courts typically grant primary custody to one parent while awarding visitation to the other parent.

• Joint managing conservators: If the court appoints the parents as joint managing conservators, it will allocate certain rights between the parents in a manner that is virtually equal. This includes decisions dealing with the children’s health, education, upbringing, and general welfare. In many of the cases in San Antonio, the only difference between the rights of the two parents in a joint managing conservatorship is the fact that one parent will be designated the primary joint managing conservator. This parent has the exclusive right to decide the primary residence of the children. Sometimes, the judge will restrict the children’s residence to a particular geographic area to facilitate frequent and systematic contact with both parents. Regardless, the parent who is NOT primary will typically have visitation rights outlined in the court’s order.
• Sole managing conservatorship: This is the more extreme alternative to a joint managing conservatorship. This involves the appointment of one parent as the sole managing conservator and the other parent as the possessory conservator. The sole managing conservator is responsible for making virtually all decisions regarding the children’s physical and mental health, education, religious, and moral upbringing. In other words, the possessory conservator may be virtually eliminated from having the right to make any of these important decisions pertinent to the raising and guiding of the children. Sometimes, the possessory conservator receives little or no visitation rights as well.

In most situations, both parents share legal custody of the child(ren) and one parent is chosen for physical custody. This ensures both parents have a say in the significant decisions regarding the child(ren)’s lives.

When it comes to determining child custody, the court looks to the best interests of the child. As such, the question of who will be awarded custody is largely determined based on the facts of each case before the court. The court will carefully evaluate many factors such as:

• The child’s wishes
• The health of the parents
• Domestic violence
• Parenting skills
• Drug or substance abuse
• Stability and quality of the parent’s living environment
• The parents’ work schedules
• Location of any siblings
• The willingness and ability to support the child’s relationship with the other parent

Custody may not necessarily be granted to a child’s parent if they are unavailable or unsuitable. In these and other such situations, stepparents, grandparents, and other family members may also seek and potentially be granted custody of a child.

The experience, dedication, and knowledge level of your attorney can make all the difference when it comes to navigating the tricky and sometimes costly waters of a custody battle. If you find yourself in such a dispute, you can contact us.

For our family law and divorce attorneys, the protection of parents’ rights and the preservation of the children’s best interests are always job number one. Our dedicated, experienced child custody lawyers have a proven ability to achieve top-notch results for our clients.

We also help address child support and the other issues that affect parents in divorce or separation.

Sometimes the Child Custody or Support order that once worked perfectly for both parents and the child(ren) becomes unsuitable for any number of reasons. Our San Antonio Child Custody attorneys can help you file for a Child Custody Modification Order. 

Some reasons for a Child Custody / Support Modification can include:

• Relocation
• A change in child(ren)’s needs
• A change in custodial parent’s living condition
• Criminal Offenses including child abuse or familial violence
•  A new step-parent or sibling
• Instability in the home