Child Custody

Child Custody Attorneys Serving San Antonio Families

With any child custody battle in San Antonio or Bexar County, the court must decide which type of conservatorship it determines to be in the best interest of the children.

When you are in the midst of such a daunting challenge, you need legal counsel from Sralla Family Law PLLC. Our team of conservatorship and possession attorneys have served clients in custody disputes since 2006.

What Should I Know About Child Custody?

Texas refers to child custody as conservatorship and visitation as access. There are two basic types of conservatorships:

• 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 set forth 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.

Understandably, San Antonio courts are reluctant to appoint one parent as the sole managing conservator over the other except in extreme situations. Doing so eliminates many of the rights of the possessory conservator.

Texas legislative policy strongly favors joint managing conservatorships. Indeed, courts are required by statute to appoint the parties as joint managing conservators with shared rights and duties unless it is found that doing so would negatively affect the children’s physical health or emotional development.

What Is The Standard Possession Order?

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.

The Importance Of Experienced Counsel

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 the midst of 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.

Talk To A Family Law Attorney For Your Initial Custody Consultation

If you or someone you know is looking for a San Antonio family lawyer, please contact Sralla Family Law PLLC with any questions or to set up a free 20-minute consultation to discuss your situation in person. Call (210) 212-5656(210) 212-5656 or send us an email to set up your consultation today.