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San Antonio Child Custody Attorney

Bexar County child conservatorship and visitation attorney

Trust Our Team With Your Child Custody Case

During a divorce, child custody can be one of the most contentious issues that a couple will need to resolve. Each parent may have their own expectations about where their children will live, how they will be raised, how often they will spend time with each parent, and how various child-related decisions will be made. In cases involving unmarried parents, custody can be just as hard to figure out. The stress of addressing these issues is understandable. Parents love their children and want them to be happy and successful, and they also want to be able to maintain positive family relationships that will stand the test of time. To ensure that the rights of parents and children will be protected, it is crucial to address legal issues related to child custody correctly during a family law case.

Ultimately, parents want the same thing as the courts: custody arrangements that are in the best interests of the children themselves. At Brandon Wong & Associates in San Antonio, we believe in helping our clients resolve custody matters in a way that is fair, lawful, and supportive for children. We understand the difficulties that parents often face in these situations, especially when they are dealing with the emotional issues that come with a divorce or the end of a long-term relationship. We work to help resolve child custody disputes in a way that will protect parent-child relationships and ensure that parents are prepared to meet their children's needs going forward.

Protecting Children's Best Interests When Addressing Conservatorship and Visitation

In Texas, the legal custody of children is known as conservatorship. This form of custody addresses parents' rights to make decisions about raising their children. A parent who has conservatorship of their child will be able to address issues such as where children will go to school, what types of medical care they will receive, what religion they will be raised in, and the types of activities they will participate in, such as sports or music lessons. In most cases, parents will have joint managing conservatorship of their children, giving them an equal say in these matters. However, there may be some situations where sole managing conservatorship may be awarded to one parent, such as when one parent has not been involved in raising their children, when one parent is absent or lives a long distance away from their children, or when a parent has a history of domestic violence or abuse.

In addition to conservatorship, parents will need to make decisions about the physical custody of their children, which addresses where children will live and when they will spend time with each parent at the parents' homes or other locations. This form of custody is often referred to as visitation, but Texas law refers to it as possession and access. Children may live primarily with one parent, or they may divide their time equally between both parents' homes. However, one parent will typically be given the exclusive right to decide children's primary residence, although they may be subject to geographical restrictions to ensure that they will continue living near the other parent.

During a divorce or child custody case, our firm can assist with multiple issues related to conservatorship and visitation. We can help parents negotiate a workable parenting agreement that fully details their rights and obligations toward their children. We can help create visitation schedules that will meet the needs of children and parents, including in cases where long-distance visitation may need to be addressed. We can also help pursue modifications of child custody or enforcement of visitation orders when appropriate, and we can assist with parental relocation requests.

As attorneys, we have seen hundreds of family law cases in Texas. We have observed almost every conceivable scenario. We know that making responsible choices yields good results – and that having the right attorney on your side can make a difference. In addition to providing legal representation, we can offer guidance on how to avoid a custody battle and how to improve communication between co-parents, while also making sure parents are aware of resources that may be available to them, such as counseling, family therapy, and parenting classes.

Child Custody FAQs

Q

What Is the Main Determining Factor in Child Custody Cases?

Answer: When addressing issues related to children in divorce and family law cases, the law prioritizes the child's best interests. Courts will focus on making decisions that will allow a child to grow up in a positive and supportive environment while encouraging parents to be closely involved in the child's life. In general, this means that any agreement or order should help maintain a stable situation for the child, provide for their educational needs, and meet their physical and emotional needs as well. While parents may disagree about what is best for their child, where the child should live, or other issues, they will need to demonstrate that they are willing to put the child's needs and interests before their own, and they will usually be encouraged to cooperate with each other as much as possible to raise their child successfully.

Q

What Types of Child Custody Arrangements Are Possible?

Answer: Since each family has unique needs, there are as many possible arrangements as there are families. In some cases, parents may share 50/50 custody where children will stay with each parent on specific days of the week. In others, weekend or part-time custody may be appropriate, and one parent may be the primary caregiver, while the other will spend time with children on certain weekends or holidays. The decisions about child custody may be based on each parent's level of involvement in raising their children in the past, their ability to work together, the distance between their homes, their work schedules, and other factors that affect them and their children.

Q

What Is a Standard Possession Order?

Answer: The Texas Family Code details an arrangement for possession and access (visitation) that is presumed to provide a non-custodial parent with a minimum reasonable amount of time with their child, as long as the child is at least three years old. In cases where parents live within 100 miles of each other, the standard possession order states that children will spend time with the non-custodial parent every other weekend from Friday evening to Sunday evening, as well as on Thursday evenings each week. While this represents the minimum amount of time that a non-custodial parent should be able to spend with their children, parents can agree on other arrangements as necessary, or a family court judge may make decisions about how to divide physical custody in a way that will provide for children's best interests.

Q

Can a Child Be Involved in Decisions About Child Custody?

Answer: If a child is at least 12 years old, a family court may consider their wishes when making decisions about how child custody or visitation will be handled going forward. While a child's desires regarding custody will not be the sole or primary factor, they may play a role in the final outcome of a case.

Q

How Is Child Custody Related to Child Support?

Answer: Child support is meant to help parents split the responsibility of addressing their child's monetary needs. In most cases, the non-custodial parent will pay child support to the custodial parent, and the amount that will be paid will be determined by calculating a percentage of the non-custodial parent's income and financial resources. Parents may also need to address educational and medical expenses for their children, and these may be added to a child support order.

Q

Can Child Custody Agreements Be Changed?

Answer: Yes. Adjustments may need to be made based on changes in parents' and children's lives in the years after a child custody order is issued. When requesting a child custody modification, a parent will need to show that they, the other parent, or their children have experienced substantial changes in their circumstances. Depending on what would be in a child's best interests, modifications may be made to conservatorship or the visitation time that children spend with each parent. Parents may also need to request modifications related to parental relocation.

Contact Our San Antonio Child Custody Lawyers

Our attorneys approach child custody matters with decades of experience. We care about our clients, and we care about their children. As your lawyers, our job will be to help you work out custody issues as peacefully and cost-effectively as possible. We want you to be successful in the future. Contact us at 210-201-3832 for advice about your case. We welcome the opportunity to serve you.

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